Need help, v.urgent

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tuxedo

Registered Users (C)
Hi Gyus,
My sincere apologies for posting this thread in this section but this is very urgent as my company immigration dept is troubling me and want you guys help.
I have a pending employment based 485 applied in march 2004 by using Sub. Labor and My 140 got approved(applied in dec 2003).I have been working on H1B and my 6 year H1B is going to expire in April 2005.My companies Immigration dept is saying that i am not eligible to apply my 7th year extension as neither my 140 or labor is been pending for 365 as my 140 is already approved.
I told them that we can submit my 140 approval and 485 receipt notice(which is been pending for more than 485 days) and they are saying no sections in the law is allowed to do that and asking me to
let them know the sections which allow them to apply my 7 year extension in my case.

Gurus is this true.any body have any ideas about the sections to do this.

I really appreciate your help.thanks in advance.
 
If you dont applied for EAD and AP, then you might need to apply for 7th year extension on the basis of 140/485 pending application.
 
thx

Guys thanks for your replies.
But my 140 is been approved.so my company lawyers are saying that i am not eligible for 7 yr ext as neither labor nor 140 are pending.is this true.
 
From Murthy.com Look under Chat archives.

Chat : January 24, 2005

Chat User : If my labor, pending for more than 365 days, gets approved before my 6 yrs on H-1 expires, can I apply for an H-1 7th-year extension with an approved labor?

Attorney Murthy : Yes, a person is allowed to file an H1B annual extension or the one-time extension if the PDs are retrogressed based on the LC's having been filed at least one year earlier irrespective of whether it is approved or pending. It is the similar rule for the LC or the I-140 petition pending or approved or the pending I-485 application. Just submit the filing date of the original LC to show that the LC has been pending in excess of 365 days to qualify.
 
Last edited by a moderator:
Ginnu,Realcanadian and all gurus please help

Gurus, Please help me.
What my company immigration dept is saying true?

Thanks for your help
 
tuxedo said:
Guys thanks for your replies.
But my 140 is been approved.so my company lawyers are saying that i am not eligible for 7 yr ext as neither labor nor 140 are pending.is this true.
Click to expand...

You are eligible to apply for 7th year Ext. based on I-485 pending. It is not necessarily required pending I-140 for applying H1 ext.


-A person on 7th H1 with I-140 approved.
 
You are eligible for h1b1 extension based on 485 application pending.
But, this can be achieved only when if

You dint applied for EAD (Employment authorization)
You dint applied for AP (Advanced parol)

If you have the EAD and AP, companies dont want to spend additional amount on h1b1 extension due to the fact that you allready allowed to work(ead), can travel to home country.(ap).

If you dint applied for ead, ap before. Then definetely you need to apply 7th year h1b1 extension. Otherwise you will be out of status right.
 
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