Is 7th Year extension possible ?

[kkm77]

Hello,

Could someone tell me whether I would be able to apply for the 7th year extension based on the following:

- H1 expiring on Dec 31 2006
- Applying for Labor on say July 1 2005 in EB3- Gets approved in 2 months
- Apply for 140 in Nov or Dec 05

1. So, if my labor is approved and I-140 is approved, but have not filed for I-485 due to VISA retrogression, can I apply for 7th year extension, say in July or Aug 2006?

2. If my labor is approved, I-140 is pending for less than 365 days, can I apply for 7th year extension, say in Jul or Aug 2006?

Is there a document somewhere that explains the 7th year extension rules/conditions? There are quite a few of us that are confused about this. Any help that you can provide will be greatly appreciated.

Thanks,
Kiran

 

[compiler]

Either an LC or I-140 has been filed for 365 days, the 7th year H-1B is approvable.

 

[kkm77]

Thanks for your response. However, the question that I am trying to an answer to is:

Will I be able to get 7th yr ext if my LC is approved, I-140 is approved, but am waiting to apply for I-485. In this case, is it sufficient if my I-140 was filed at least 365 days before the 7th yr ext petition date?

Thanks,
Kiran