NIW and H1-7th year extension

H

h1expiring

New Member
I have applied for National Interest Waiver and waiting on the decision. Am I eligible for applying for 7th year extension using NIW as I-140?
Also, what would me my status if I have applied for 7th year extension and while waiting for approval my 6years expire? Do I need to leave the country or will I be in status till a decision is made on my case?

Thanks
 
What are your ND and how long do you have on the H-1B?

What are your ND and how long do you have on the H-1B? I guess you can apply for H-1b extension if the I-140 was filed 365 days before the expiration of your H-1B.
Can anyone else comment on this?Mr Jim Mills or Anna.
Thank you.
 
If H1expiring has filed LC 365 days before

If H1expiring has filed for LC 365 days before his/her current H1 expires, I think based on the I-140NIW he/she can apply for the extrension. I saw some discussion on this board where the applicant has taken advantage of LC applied from a different company and extended the H1.
 
You need a priority date that is more than 365 days in the past. Of course, with the new concurrent filing rules, he could file an I-485 and request AP and EAD. If the 6 years expires prior to obtaining an EAD he would be unable to work legally but at least the pending I-485 would permit him to remain in the US legally.
 
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