Pending Labor Usage For Other Beneficiary

[usamunda]

Friends,

I'm not eligible to file for 7th year H1-B extension based on my pending LC petition. My LC petition was not filed before 365 days of my 6 years H1-B validity period. Even after re-capture of time which i had spent outside U.S, i'm short approximately one month period for that 365 days period.

My consulting firm had some LC petition cases of other fellow colleagues of mine which are pending for more than 365 days. Some of my colleagues had filed for their 7th year extensions based on their respective pending LC petition case.

My question is:

Is it possible for me to use their pending LC petition case receipt and file for my 7th year H1-B extension. State Workforce Agency had given the receipt to my employer in which they had mentioned the name of the employer and the beneficiary (my colleagues name).

If the pending LC for original beneficiary gets approved..i'm not planning to use that approved LC for my further GC process(I-140/485).

I was not sure whether i can atleast file for my 7th year extension based on their pending LC case.

Any help and advise would be appreciated.

Best Regards..

 

[ginnu]

Friends,

I'm not eligible to file for 7th year H1-B extension based on my pending LC petition. My LC petition was not filed before 365 days of my 6 years H1-B validity period. Even after re-capture of time which i had spent outside U.S, i'm short approximately one month period for that 365 days period.

My consulting firm had some LC petition cases of other fellow colleagues of mine which are pending for more than 365 days. Some of my colleagues had filed for their 7th year extensions based on their respective pending LC petition case.

My question is:

Is it possible for me to use their pending LC petition case receipt and file for my 7th year H1-B extension. State Workforce Agency had given the receipt to my employer in which they had mentioned the name of the employer and the beneficiary (my colleagues name).
----- if the beneficiary has got or filed 7th year based on that LC pendin YOu cannot use that LC pending reciept for YOUR 7th H1 extension
If the pending LC for original beneficiary gets approved..i'm not planning to use that approved LC for my further GC process(I-140/485).

I was not sure whether i can atleast file for my 7th year extension based on their pending LC case.
----- NO you cant do that becase LC has not been pending more than 365 days for YOU.
Any help and advise would be appreciated.
-------- If the employer has any approved LC then take the copy of that LC to good lawyer and let the lawyer evaluate that LC with your educatin and EXp, becase you need to have same education,exp, skills BEFORE that LC was Filed. if the lawyer says you are eligible to use that then file I-140, EAD AP ,I-485 with LC substitution.
If your employer has no such LC approved then search with other employer
Best Regards..