Double RFE - 8th year h1b extension

[chennaigc]

My 7th year h1b extension expired on march 5th 2008

8th year extension applied on Nov 2007

Got 2 RFE
Lawyer is saying under AC21 , my h1b will be denied. Labour or I140 should be pending for more than 365 days. under below current condition she is saying i am not eliglbe any one of them.

Labour applied sept 2004, approved july 2007 ( more than 365 , but approved)
I140/485 applied aug 2007 ,pending (less than 365, but pending)

Kindly any one help me or any body got this situation .. How i can over come

[amit_sp]

Why would the lawyer say that? If you applied for your labor in 2004 and already had 7th year extension based on that, you are eligible for 8th (or whatsoever it takes) extensions. You don't have to worry.

[rayoflight]

Hi:

If you applied for I-140 and I-485, I am thinking that you also applied for your EAD (Work Permit) and Advance Parole. If you did and have it approved you can work on your EAD.

However if you need an I-140 approval to file for EAD then you need to wait until you get that.

Based on your filing you are under Adjustment of Status pending a decision on your Green Card.

Cheers,
Rayoflight