Ready to file 140/485 - H1b 6 years comletes in OCT

[kammim]

My labour has been approved. Ready to file 140/485 concurrently. I will complete my 6 years on H1B status by OCt first week 2003. But the visa which i got stamped here was given until year 2005. I may have taken couple of months vacation in these 6 years.


My question is..

1. INS should have given my H1b until 2003 october(6 years complete). Since it has given until 2005 can i just use that until i get my EAD. OR do i have to apply for 7th year extension no matter what the INS has given the H1b approval.

2. what is the critirea for applying 7 th year extension. labour approved or 140/485 filed.

3. I got my labour approved in April 2003. Till now my employer havent apllied for 140/485 due to some problems. Is there any deadline or expiration date for this.


I would appreciate your response. If i haven't explained my situation properly please feel free to send questions.

Thanks
Madhu

 

[TheRealCanadian]

Originally posted by kammim
1. INS should have given my H1b until 2003 october(6 years complete). Since it has given until 2005 can i just use that until i get my EAD. OR do i have to apply for 7th year extension no matter what the INS has given the H1b approval.

Service error never works in your favor. Assume that your H-1B expires in October 2003 and file for a 7th year H-1B. You don't need to pay the $1000 if you've already renewed once with your current employer.

2. what is the critirea for applying 7 th year extension. labour approved or 140/485 filed.

The 365 day-clock for 7th year eligibility starts on the day the LC was filed. What is your priority date?

3. I got my labour approved in April 2003. Till now my employer havent apllied for 140/485 due to some problems. Is there any deadline or expiration date for this.

No.