H1B expired before new law came in

M

MartinUK

New Member
My H1B expired in July 2002. My LC had been filed in April 2001.
Had the new law existed then, I could have filed for the 7th year extension.
So... my lawyer filed NIW I140 allowing me to stay in US and work despite being out of status. (Clever move, or was it ?).
Then the new law came in.
Question is, can I apply using this new law now, and extend my H1B visa for a 7th year. I am still waiting for LC approval.
 
Did your attorney file to extend your H-1 based on your PD being 365 days old and the pending I-140 from your NIW?
 
James, thank you for taking notice of this.
Right now my H1B is out of status. The NIW I140 was filed
simply to allow me to stay in the country, and earn a living until
the Dept pf Labor review my case. This was back in July when my H1B expired. Then the new extension law came in recently. Had it been introduced back in July, my attorney could have simply filed for 7th year extension then because the Labor Cert had been filed more than 365 days prior to visa expiration.

My question is will INS allow me to retroplay this, so that we can file for the 7th year today, even though I am currently out of status ?

That will enable me to stay until July 2003, and my labor cert is very very close now. Hopefully it will be approved, we can then file the I140 and I'm back in the game. What do you think ?
Regards:MartinUK
 
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