H1 extn, LC approved but < 365 days

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chiki12345

Registered Users (C)
I tried to find the answer to my question by reading the forum, but was not successful.

Situation: I am Indian born, came to USA on H1B visa in Aug 2000 , so my 6 years will be over in Aug 2006. (I do not have any 'out of country' time to recapture. )

Currently, I work for company 'A'. I am planning to do a H1 transfer to company 'B' in Nov 2005 and also go for PERM EB2 filing at the same time.
Assuming that my labor (with Priority date Nov/Dec 2005) is approved in 1-3 months, I will file for I-140 and it remains in 'pending' status till Aug 2006:

Now my question is:
(a) Can I get an H1 extn (apply in June 2006) just based on pending I-140 although my labor (though approved) file date will not be more than 365 days.


I know that H1 extn is granted when decision on labor application is pending for 365 days or more. But the above situation is a bit different.

Please reply or point me to the relevant thread/post , if it exists.

Thanks.
 
chiki12345 said:
I tried to find the answer to my question by reading the forum, but was not successful.

Situation: I am Indian born, came to USA on H1B visa in Aug 2000 , so my 6 years will be over in Aug 2006. (I do not have any 'out of country' time to recapture. )

Currently, I work for company 'A'. I am planning to do a H1 transfer to company 'B' in Nov 2005 and also go for PERM EB2 filing at the same time.
Assuming that my labor (with Priority date Nov/Dec 2005) is approved in 1-3 months, I will file for I-140 and it remains in 'pending' status till Aug 2006:

Now my question is:
(a) Can I get an H1 extn (apply in June 2006) just based on pending I-140 although my labor (though approved) file date will not be more than 365 days.


I know that H1 extn is granted when decision on labor application is pending for 365 days or more. But the above situation is a bit different.

Please reply or point me to the relevant thread/post , if it exists.

Thanks.
Click to expand...

As per letter (words) of law you are not eligble to get your 7th yr extn,
but sprit of the law, and how your attorney is going to present the issue and argue, you may have very little chance to succeed.
 
Thanks for the response.
In fact , I kept looking (after asking my question on the forum) and found this information: http://www.immigration.com/new-laws/s2045.html

1. You will be able to extend your H-1 (but NOT L-1) beyond 6 years if your I-140 has been filed and:
(A) your labor certification or I-140 was filed 365 days earlier;
OR
(B) your I-140 is pending or approved AND your priorty date is not current. In other words, the safe harbor for you has been shifted to I-140 instead of I-485.
 
chiki12345 said:
Thanks for the response.
In fact , I kept looking (after asking my question on the forum) and found this information: http://www.immigration.com/new-laws/s2045.html

1. You will be able to extend your H-1 (but NOT L-1) beyond 6 years if your I-140 has been filed and:
(A) your labor certification or I-140 was filed 365 days earlier;
OR
(B) your I-140 is pending or approved AND your priorty date is not current. In other words, the safe harbor for you has been shifted to I-140 instead of I-485.
Click to expand...
You will not qualify in this clause
 
Great Guru -- Your quick response is really helpful.
If you do not mind can you please elaborate a bit, because the I way I read it
I thought that I might be OK under option (B).

What am I missing here ?

Thanks is advance.
 
chiki12345 said:
Great Guru -- Your quick response is really helpful.
If you do not mind can you please elaborate a bit, because the I way I read it
I thought that I might be OK under option (B).

What am I missing here ?

Thanks is advance.
Click to expand...

Your LC or I 140 is not 365 days old. So you are not eligible to extend your 7th year H1.

However, if your I 140 is approved, and you are under I 485 pending status, you can get your EAD, with EAD you can work without renewing your H1.
 
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