Pre-approved labor and 7th/8th year H1 Extension.

[H1year7NY]

Hi,

I have some questions regarding the Pre-approved labor and 7th/8th year of H1.

My LC is pending at NY DOL for 2 years 8 months now. I am in my 7th year extension; soon I will have to apply for 8th year of extension of my H1 visa.

If I get a pre-approved labor from some company, what will be my legal status?
Or I need to apply for I140/485 immediately so that I get my EAD before my 7th year expires.

Or I should wait to get my 8th year extension and then try to find a pre-approved labor and then file I140/485 so that I get my EAD. Sothat I have sufficient time.

Please advice
Yours,
H1year7NY (soon it will be H1year8NY)

 

[ginnu]

Hi,

I have some questions regarding the Pre-approved labor and 7th/8th year of H1.

My LC is pending at NY DOL for 2 years 8 months now. I am in my 7th year extension; soon I will have to apply for 8th year of extension of my H1 visa.

If I get a pre-approved labor from some company, what will be my legal status?
-- Nothing, that LC was NOT filed for you
Or I need to apply for I140/485 immediately so that I get my EAD before my 7th year expires.
---- yes you can do that ,to be safe first take the approved LC copy to a good lawyer and give your education Evaluations, degree certificates, EXP letters and let layer guide you if you qualify to use that LC becase you need to have SAME skills, education EXP before the DATE that LC wa filed, if you qualify then file I-140(with Labor substitution) I-485, EAD. Try to maintain H1 status till I-140 does not get approved
Or I should wait to get my 8th year extension and then try to find a pre-approved labor and then file I140/485 so that I get my EAD. Sothat I have sufficient time.
----- Best option
Please advice
Yours,
H1year7NY (soon it will be H1year8NY)