H1 expiring in Sep 04. I-140 pending.

[Hanuman55]

Hi folks!

My H1B is expiring end of Sep 04. My I-140 was filed in Nov 03.
I am completing 6 years stay in US end of Nov 04. I would be applying for my 7th year H1 extension in April. My questions in this regard are:

1. Do I get counted against the 65K cap and approval delayed till the new federal year kicks in in Oct 04? Or am I excluded from the count as I am waiting for I-140 approval?

2. If counted against the 65K cap, I want to apply for extension of my current visa by 2 months as I would be completing my 72 months stay in US only end of Nov 04, and concurrently file for my 7th year extension, which I hope to get approval as soon as the new federal year starts in Oct 04.

Any thoughts, opinions on these would be highly appreciated.

Thanks

 

[ginnu]

My H1B is expiring end of Sep 04. My I-140 was filed in Nov 03.
I am completing 6 years stay in US end of Nov 04. I would be applying for my 7th year H1 extension in April. My questions in this regard are:

1. Do I get counted against the 65K cap and approval delayed till the new federal year kicks in in Oct 04? Or am I excluded from the count as I am waiting for I-140 approval?
------------------ Your 7th year H1 extension is NOT under Cap, relax and file 7th year H1 extension with I-140 pending receipt
2. If counted against the 65K cap, I want to apply for extension of my current visa

by 2 months as I would be completing my 72 months stay in US only end of Nov 04, and concurrently file for my 7th year extension, which I hope to get approval as soon as the new federal year starts in Oct 04.

Any thoughts, opinions on these would be highly appreciated.