LC approved for 1 year, I140 not filed, 7th year extension?

R

raphael

Registered Users (C)
Hello,

My Labor Certificate was approved over 365 days ago (through PERM), but I haven't applied for I-140 yet. My H1B visa is expiring next month. Can I apply for a 7th year extension? I know that is allowed when the LC has been "pending" for over 365 days, but does "pending" include "already approved"? I would assume so, but I'd like confirmation.

In case I'm mistaken, what are my options? I can probably apply for I-140 before my H1B expires, but would that help? What about getting married to an American? (I'm not talking about a "fake" marriage here -- I'm actually with that person, though we weren't planning to get married yet.) Would that automatically allow me to stay and work?

Thanks in advance!
 
I have found a web page (http://www.murthy.com/news/n_yath1b.html) that states the following :

"The Memo makes it clear that the H1B extension should not be denied even if the labor certification has been approved and no I-140/I-485 has been filed. The Memo indicated there may be further guidance on this matter. The issue is whether an H1B extension can be obtained based on a labor certification that does not seem to be making progress toward a green card. That is, there are situations where the labor certification is approved, but the case does not move forward to the next stage for a number of reasons. For the time being, it is possible to continue to file an H1B extension based on an approved labor certification case that was filed at least 365 days earlier, without consideration of whether the case has moved forward in the green card process by the filing of the I-140 petition or the I-485 application to adjust status."

From this memo, it's pretty clear that my situation is fine. However, since it's a 2005 memo and immigration laws change fairly often, I would sleep better if someone more knowledgeable could confirm that it's still applicable now. Thanks!
 
There is no need that LC is "pending". If LC was filed more than 365 days ago, you can get 7th year.
 
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