H1 Extension Beyond 6th Year

[Sricanth]

H1 Extension Beyond 6th Year using pending 140???

Friends I appreciate your advice regarding my situation.

H1B Us entry 98 October, Completed 6 yrs based on entry date .
Current H1 expires 6th June 05 , this was from period June 04 - 05 based on pending LC From Previous Employer for more than 365 days(NOW THIS LABOR IS NO LONGER VALID WITHDREW). I made the switch to new employer in 6th year, because they had approved labor.

Filed for I-140/I-485 middle of July 04, have valid EAD until Aug 05 am not using this though. I have also Filed for a new LC thru current employer as backup this too in Middle of July 04 . Do not need to worry of this if all goes well with 140/485, but to backup I would like to keep the option of H1.
IS THE 140/485 NOT AGING 365 DAYS A PROB?

Can I file for H1-extension based on the I-140/485 receipt(sub labor)? I would like to do a premium process, as want to get the h1 approved before they decide on i-140. Technically this may be treated as 8th yr ext.

Hope to hear from you.

Thanks
Srikanth

 

[ginnu]

Friends I appreciate your advice regarding my situation.

H1B Us entry 98 October, Completed 6 yrs based on entry date .
Current H1 expires 6th June 05 , this was from period June 04 - 05 based on pending LC From Previous Employer for more than 365 days(NOW THIS LABOR IS NO LONGER VALID WITHDREW). I made the switch to new employer in 6th year, because they had approved labor.

Filed for I-140/I-485 middle of July 04, have valid EAD until Aug 05 am not using this though.
--- even if not using the EAD it is better to renew EAD and keep valid EAD and AP for emergency use
I have also Filed for a new LC thru current employer as backup this too in Middle of July 04 . Do not need to worry of this if all goes well with 140/485, but to backup I would like to keep the option of H1.
IS THE 140/485 NOT AGING 365 DAYS A PROB?

Can I file for H1-extension based on the I-140/485 receipt(sub labor)?
----- YES, you can file H1 extension based on pending I-485
I would like to do a premium process, as want to get the h1 approved before they decide on i-140.
----- your H1 is valid till 6th June 05 , one is allowed to file H1 extension 6 months advance of H1 expiry/I-94 expiry date. If I am in your situation I will file through premium process in early becae if any RFE then it can be replied
Technically this may be treated as 8th yr ext.
----- if I-485 is pending you can get &th year, 8th year or 9th year
*** it seems that your new I-140 is not approved and if that gets denied due to any reason then EAD, AP I-485 all will get denied. file the 8th year through good lawyer and inform him compleate details of your case
Hope to hear from you.

Thanks
Srikanth