labor substitution and 7th year extension

[pnimith]

hi gurus

this is my situation in a nutshell:

* my h1b was approved on 01/10/2000
* entered usa on 01/21/2001
* my employer is substituting my name on a labor filed by them on 06/2002 (not approved yet)

my question:
what is the latest the substitution has to be filed in order to be eligible to get 7th year extension.

also, if it is filed before oct 1st, will i be affected by the retrogression when filing I-140 & I-485?

any help is much appreciated.

thanx in advance

 

[saigc]

hi gurus

this is my situation in a nutshell:

* my h1b was approved on 01/10/2000
* entered usa on 01/21/2001
* my employer is substituting my name on a labor filed by them on 06/2002 (not approved yet)

--- substituting a pending labor is too tricky and risky but its doable if your qualification match that profile. because its hard to contact backlog centers to act on a case. you dont need to substitute now. your company can use that labor for you later after its approved. it dont have to notify labor dept. uscis will crosscheck with dol for validity.

my question:
what is the latest the substitution has to be filed in order to be eligible to get 7th year extension.
labor priority date is in 2002. so 7th year extension is possible for original beneficiary but its too complex for the company to prove that you will be the new beneficiary. if the labor is approved then your employer can file i-140 for you using that labor and then file 8+ h1 extension based on pending i-140.
also, if it is filed before oct 1st, will i be affected by the retrogression when filing I-140 & I-485?

any help is much appreciated.

thanx in advance