Is 'pending' LC required for extension?

R

rsc

Registered Users (C)
Hi all,

Here is my situation:

Filed LC in April 2003, H-1B 6 years in April 2004. Filed LC just over 1 year before expiration date of H-1B. LC cleared in Feb 2004.

My lawyer says: can't extend H-1B as LC not 'pending' over a year. She says only if LC/I140 is pending over a year then extension possible. Since LC not pending anymore, no extension! :confused:

What do you all think?

Thanks a lot,
-rsc
 
My understanding is that LC or I-140 or 485 should be pending. If none of these are pending because they have not been filed or are already approved, then you cannot extend H1 beyond 6 years.
File at least I-140, then you can extend H1.
 
Thanks!

My lawyer's position is that I140/LC have to be pending for at least 1 year before 7th year extension possible.

In my case, with LC approved (so not pending) and I140 pending (which will be pending as soon as we apply but not for 1 year), my lawyer believes no 7th year extension is possible!

I guess you feel this is not correct and I agree with you. I wonder how to convince her though :(
 
I believe I140 condition applies for

cases where LC is not required, Nurses, Physicians, and NIW cases etc.

For our cases all that (should) matter(s) is LC filing date/PD. You can just file I140 and send the proof of LC PD for the 7th year extension.
 
My lawyer's position is that I140/LC have to be pending for at least 1 year before 7th year extension possible.
---- it was old rule, Your lawyer is wrong you can file 7th year H1 if LC pending more than 365 days
OR I-140 filed
OR I-485 filed
in my case, with LC approved (so not pending) and I140 pending (which will be pending as soon as we apply but not for 1 year), my lawyer believes no 7th year extension is possible!
---- Your lawyer is dumb change the lawyer. File I-140 I-485, EAD AP immediately the day you get I-485 filing receipt or I-140 filing receipt file the 7th year H1 extension next day
I guess you feel this is not correct and I agree with you. I wonder how to convince her though
---- Don’t convince her let her be a fool just ask her if she knows anything about “21st Century DOJ Appropriations Act”, go to other good knowledgeable lawyer and file I-140, I-485, EAD AP then after you get I-140 receipt or I-485 filing receipt file 7th year H1 extension with the I-140 or I-485 filing receipt
Read:
http://murthy.com/UDh121st.html
 
I concur. Since @ the effective date of the start of 7th year H1, your labor filing would have passed 365 days (and with your 140 pending, approved) you should be eligible get the 7th year h1 extension.
 
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