I140 question

T

tusharvk

Registered Users (C)
recently posted timeframe for NSC is april,07 for I140. They still have to hit the july'07 date when there was flood of I140\485 filers.
If someone needs to file H1b 3-year extension (missed the boat for I485 filing in July07), what is their recourse? Do they have to file 1-year increment of can they file 3year increments based on the acknowledgement receipt of I140?
 
tusharvk said:
recently posted timeframe for NSC is april,07 for I140. They still have to hit the july'07 date when there was flood of I140\485 filers.
If someone needs to file H1b 3-year extension (missed the boat for I485 filing in July07), what is their recourse? Do they have to file 1-year increment of can they file 3year increments based on the acknowledgement receipt of I140?
Click to expand...

put your question in i-140 section. this section deals with pd retrogession issues. you may get more responses.

GC recd- June 07
 
you can't file a 3 year extension without an approved I-140 petition.
you will need to file a 1 year extension.

tusharvk said:
recently posted timeframe for NSC is april,07 for I140. They still have to hit the july'07 date when there was flood of I140\485 filers.
If someone needs to file H1b 3-year extension (missed the boat for I485 filing in July07), what is their recourse? Do they have to file 1-year increment of can they file 3year increments based on the acknowledgement receipt of I140?
Click to expand...
 
You will get 1 year or the time remaining on your initial 6 years quota. The additional 3 year block will be awarded only if I-140 is approved and your PD is retrogressed.
 
Thank you much for all the responses.
It is possible to extend h1b beyond 6 years if
(a) labor has been filed and pending more than 365 days prior to expiry of initial 6 years h1b quota
(b) i140 approved but pd retrogressed
In case (a), the increment is granted in 1-year steps at a time
In case (b), it is granted in 3-year steps at a time.
With the steep retrogressions and with the flood of I140s filed in July'07, it will likely take months to years before I140 can be approved. So, there would be several cases in between scenarios (a) & (b) stated above. Does AC21 clearly state the approved I140 is required to get 3-year increments?
manwithnoname said:
You will get 1 year or the time remaining on your initial 6 years quota. The additional 3 year block will be awarded only if I-140 is approved and your PD is retrogressed.
Click to expand...
 
Thank you much. I will summarize my findings as follows:

From Yates Memo (2005):
1. if EB petition (PERM or I140) has been pending to be approved for more than 365 days, EOS of H1b beyond 6 years is possible. AC21 106(a) applies and extension can be granted for 1-year increment+recapturing of time on the initial h1b. The total extension granted will not exceed 3-years.
2. if EB petition is approved (approved I140), EOS beyond 6 years falls under the purview of 104(c) AC 21. In this case, eos may be granted upto 3 years.

Until the time, the flood of applications (concurrent I140\485) recd during July has been cleared, there is no reprieve for some people. It is likely that there will be many IN\CHI perm-filers who will file I140 after july'07. They will fall under category 1 and would be able to extend under 106(a).
 
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