LC substitution - I140/CP option

KD, Raju,

I have about 8 months left on my total H1 time (it expires in end of January 2005) and as you would guess from above questions I have had bad luck in applying for GC. My question is this;

I believe the condition is that one has to have atleast one year left at the time of filing for labor to be eligible for 7th year of H1 extension, right?

If the above is true than, since I have less than one year left (and I have not yet filed for labor from anywhere), if I find a company with an approved labor and file for I140/485/EAD (or I140/CP) will I be able to extend my H1 to 7th year?

I have spoken to people in the past and was always told that the rule applies for labor and that I can apply for 7th year extension of H1 as long as I find an approved labor and file for I140/485 etc. before the time runs out.

Someone actually just told me that the same rule applies even for I140/485 ??If this is true, then, does that mean that I have no chances of H1 extension after Jan 2005?

Guys, you have been very very helpful in the past. Please let me know as I am very shocked to hear this.

Thanks
 
kppr:

I am going to pass this on. I would recommend consulting an attorney coz i know the law applies to labor & I-140/ 485 but not sure how the law works in case of substitute labor and I-140 / 485. Whether one is eligible for 7th year extension. I would like to say yes but strongly recommend consulting an attorney on this one!
 
Kppr,

My response would not be of much help to you either.

I am also not sure whether you are eligible for the 7th year
extension based on the LC which was originally approved for
someone else.

I do not know whether your best bet would be to file your I-140
right away and hope that it would get cleared before the 8 months is over. If the I-140 is cleared I would think your link to
LC is established and you would be eligible for your 7th year
extension.

But this issue is better handled by a good immigration attorney.

Raju
 
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