Laid off. Need 7th yr extension help

A

arouncoumar

Registered Users (C)
This is my status now:

H1 6-yr expires on Jun '06
They applied I140 on Jan '06
using a subsituted labor with PD as Sep '01.
My last day in this company will be Apr '06

1. Will I be able to get a 7th yr extension using the above LC or I140. Pl note that the LC was not filed initially on my name but substituted and the I140 filed based on it?

2. Is there any way to carry the PD when I move to an another company. If not, that will offset another 5 yrs or so in my GC processs.
 
I know extension is possible if

a. LC pending 365 days, or
b. I140 pending 365 days, or
c. LC done. I140 done but cant file 485. Then 3 yrs extn available.

Will my case fit a) The only thing thats different is LC that has been approved has been filed in 2001. Its wasn't on my name but substituted when filing I140.

Pl help here.
 
You can find the answer in Question 4 of the Section II from the Yates Memo of May 12, 2005. The PD can be retained after your I140 is approved regardless of which employer you will go with.

The c has a little problem. Even if you have already filed I485 but it is pending due to the visa backlog, you are still eligible for post 6 years H in 3 years extension.
 
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compiler.. Thanks for your repsonse. But I dont quite understand. Let me reiterate

My I140 was filed on Jan 06. I dont when its gonna be approved as all cases are transferred to TSC as part of bi-specialization. The labor tied to this I140 is a substituted one. Its PD is Sep 01. I will be outta job Apr 06. H1 6-yr term expires Jun 06.

Now, can some other employer file a 7th yr extension based on the above labor. Its been filed more than 365 days but not on my name. Its been susbtitued later though. Will I qualify for an extension?
 
Yes, unless someone has already used that LC for the post 6 years H-1B extension. That’s what the Yates Memo said.
 
Seems like you know all these memos by-heart. Its just great of you to point out the memo and section/question to perfection.
 
The Yates Memo of May 12, 2005 is a very important one. It answered three issues of two types of post 6 years H-1B extension and I140 portability. Many questions in this forum are related in those three issues. One had better to jump into that memo pool before asking questions.
 
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