What is the 'Priority Date' in case of LC Substitution ?

C

chanma

Registered Users (C)
Please Experts and Jim Mills clarify this

Back ground :

1. My H1B 6 year limit expiring on Oct 2003.
2. I am joining (by H1 transfer) company-B on next month (Sept 2002).
3. Company-B is applying directly I-140/I-485 concurrent filing with a Labor Substitution(some one else approved LC) in Nov 2002.

Questions:

1. What will be my priority date ?
2. Can I qualify for 7th year H1B extension ?.( please note that GC filing is in Nov 2002 and H1B expiring in Oct 2003 ie. less than a year left).

Thanks
Chanma.
 
Since the original LC was not filed on your behalf you cannot use that priority date. However, there are 2 possible ways to save this situation:

1. Why wait until November to file? File the I-140 now and you will not have an issue.

2. Why not just change over to EAD and AP when you file the I-485? The concurrent filing provisions really eliminate some of the necessity to file for an H-1 extension (note: there are reasons why you may want to stay in H-1 status, for instance if you intend to marry in the near future).
 
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