Labor approved within a year but 140 hasn't been applied

[pipedream]

A friend has a wierd question, I'm wondering if anyone has an answer for this - What happens if one applies for labor within 365 days before H1 6 year limit and gets approved through perm, though I-140 hasn't been applied for, can he/she renew his h1 beyond 6 years, if yes, how long can he extend it for, 3 or 1?

This certainly seems like one of the grey areas, I would appreciate a response.

 

[dave74]

I am not an attorney, but as per my readings and understanding, the only way out is to apply and get approval of the I-140.

If I-140 has been approved before the end of the Visa, than you may get 3 years extension.

Still, better to contact an attorney.

Dhaval.

 

[GotPR?]

To extend H1 based on approved I-140 beyond 6 year, your PD must be retrogressed. At this moment of time, it may be retrogressed depending on your situation, but after July 1, there is no retrogression and you can not get 7th year based on approved I-140(Unless you are on EB3C). You have to file I485 and rely on EAD to work.