H1b Expiring Permanent Labor Approved

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yumyum20

Registered Users (C)
Hi can someone please help us.

H1b is expiring this August 2007. This is the 6th year and we have filed for an extension 7th year.

We already got the approval of Permanent Labor Certification last May 2 and we also have the copy. We are ready to file and do the concurrent filing. My question is are we in the right track? Or is it already too late??

Thanks a lot.
 
hi there!

thanks for the immediate response!

I filed the 7th year extension without the Perm Labor Copy because at that time I wasn't expecting the labor would be approved within a week! It was too late I already sent the extension to Vermont. After a week, the PERM approval arrived which I was really shocked.

Now I want to know if its possible to apply for the I-140 and I-485 while still waiting for the pending extension that I filed w/o the basis that you mentioned.

Could you clarify the basis that you mentioned earlier??

Until now I have not yet received the Notice of Action receipt its been a month.

I feel kinda lost and confused because the H1b is expiring on August and its the 6th year.

I appreciate your and thanks a lot.
 
Do you mean your LC was filed less than 365 days ago ?
If that is the case, concurrent filing is only option for you. Since you're eligible to concurrent file, your PD is not retrogressed and you won't be able to get 3 year extension no matter what. And your H1 extension will be denied.

So, to stay in the US, filing I-485 and I-140 immediately is only option. File EAD and AP as well, because you may not be able to get H1 extension.
 
hi there

What happened was very surprising. The company filed the PERM last April 29 and within 3 days I got the approval which I wasn't expecting. Unfortunately, I already sent the extension of H1B 7th year even before I got the copy of the LABOR. I still have the copy of the original PERM that was sent by the DOLE.
It was given to me.

So my question is what do I do now? Do I just file both the I-140 & I-485 together? Do I still have time because my H1B will expire on August 31st, 2007?

I'm in a very confusing state right now and I really appreciate the help that your doing.

Thanks a lot.
 
if you have filed PERM April 29 this year and you are not retrogressed, there is no way to get 7th year H1 anyway. I don't know what holds you from filing I485 and I140. YOu have to file it before H1 expires.
 
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hi there

what exactly idoes retrogessed means?

I still have 3 months so can I file both I-140 & I-485 anytime before Aug 2007??? What's gonna happen with my H1B extension? Can I still be employed?

I have to file and get an approval of I-485 first before I can apply for work permit EAD right???

Thanks I will wait for your response.
 
Need clarification.

1. What EB category are you in ? (EB1, EB2, EB3 etc)
2. When was the first time you filed for labor certificate ?
3. What country were you born ?
 
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