On 7th yr H-1b (EB3), I-140 to be filed soon

U

Unmol_Ratan

Registered Users (C)
Hi All,

I'm on 7th year H-1B (EB3) which will be expiring 2/9/2008. I-140 will be filed any day now but I-485 cannot because priority date is not current.

Can H-1B extension for 3 more years be filed while I-140 is pending?
and is premium I-140 processing recommended in my case?

Thanks,

Anmol_Ratan
 
Unmol_Ratan said:
Can H-1B extension for 3 more years be filed while I-140 is pending?
and is premium I-140 processing recommended in my case?

Thanks,

Anmol_Ratan
Click to expand...
3 year extension is possible if your I-140 is APPROVED and your PD is retrogressed.
Yes, premium process is recommended as your 3 year extension depends on I-140 approal.
 
Unmol_Ratan said:
Thanks GotPR, what happens if my I-140 is approved but PD is not retrogressed?
Click to expand...

If PD is not retrogressed, you can not go for 3 year extension even though I-140 is approved.
But you can file I-485 and you also can apply 1 year extension based on 365 days or older LC.
 
this is sort of confusing as I never really bothered to look into all this until now.

At the moment, my priority date is not current so as long as it remain not current after the I140 is approved, I can apply for H1B right? the PD does not have to retrogress because I my PD may still not be current after I140 approval

if the PD happens to get current after 140 approval and my lawyer files I485, what does that mean for me after my H1b expires? can I get out of status if 485 is pending?

Thanks for your answers
 
Unmol_Ratan said:
At the moment, my priority date is not current so as long as it remain not current after the I140 is approved, I can apply for H1B right?
Click to expand...
Yes
the PD does not have to retrogress because I my PD may still not be current after I140 approval
Click to expand...
There are 2 cases to get H1 extension beyond 6th year.
1. LC is older than 365 days. You get 1 year extension at a time.
2. I-140 approved and PD retrogressed. You get 3 year extension at a time.
You should meet one of above requirement to get H1 extension beyond 6 year.
if the PD happens to get current after 140 approval and my lawyer files I485, what does that mean for me after my H1b expires? can I get out of status if 485 is pending?
Click to expand...
I-485 will give you authorized stay even though you don't have valid H1, as long as I485 is pending.
You still can get 1 year extension based on #1 I mentioned above in such a scenario(if your LC was filed more than 365 days ago).
 
GotPR.. you are awesome man.. you cleared some doubts in 15 minutes which my attorney has not been able to do in two months, you know how these corporate attorneys are. you should be my attorney :D thanks again
 
GOTPR?,
Please help!
In my case PD is current , I140 is approved, AP is approved, EAD approved...Waiting for I485 Approval....I want to apply for H1B for 7th (one year or three year extension) year extension. How many years I will get?
 
Provided you have LC whcih was filed more than 365 days ago, you can extend H1 by 1 year increment.
 
ok this is a dumb question sorry but what's this AP and EAD everyone talks about. I thought there is I-140 after which there is I-485, and then there is H-1B extensions, where does this AP and EAD figure in the process? :confused:
 
H1 needs a sponsor, but EAD is not tied up to sponsor employer.

BTW, your PD is now current.
 
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wow how did that happen? I checked the visa bulletin and it says C for current instead of a date. how unusual, all of a sudden they are caught up and ready to accept all EB3 from India, weird
 
GotPR,
Do you know if my attorney now files both I-140 and I-485 concurrently in July, will I still need to apply for h1? (my H1 expires 2/9/08) and do u see any benefits of premium concurrent filing?
Thanks
 
It's always better to keep H1 status instead of going to EAD just in case I485 gets denied for whatever reason.
You may not need to file premium process for I140 if you could file I485 and I140 concurrently, but it is always good to have I-140 approved earlier, so it's your choice.

Read all the comment in visa bulletin. It says India may retrogress again in Sept.
 
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Even if India may retrogress again in sept or even august, as long as I file concurrently in July, that retrogress should not affect me I would think
 
Got PR - Please reply.

Hi Got PR,

Can you please reply to this and let me know what do i need to respond for the H1 Extention Query.

I have finished my 6 years recently (June 8th), I have my approved PERM Labor since May 24th 2006 and didnt filed the I-140 yet, and I have got query in my H1 Extension, they need evidence in support of H1 Ext., i donno what to reply.

Please reply me with what i need to reply in response to the query for my H1b.

Can I get 1 Year Extension based on my Labor approved since May 24th 2006?

I would really appreciate your reply.

Thank You,

Dave
 
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