View Full Version : I just got my LC (ETA 9089) ...I-140 next steps?
usirit
09-25-2008, 06:07 PM
I don't know exactly where to look... :confused: but I am sure this is the right place for some guidance.
I got my Labor Certification on 09/23, still waiting on DOL letter with Form ETA 9089.
Where can I research what will be my next steps with the I-140?
Let's say that I'll file the I-140 Form next week:
1) What if I reach June'09 (H1B Expiration Date) without an approval, would it be necessary to renew my H1B Visa?
2) What if it gets approved prior to June'09 (H1B Expiration Date) but I still can't file I-485 due to visa retrogression (My Priority Date is 08/06/2007), would it be necessary to renew my H1B Visa?
I'll appreciate your assistance,
Thank you,
jayleno
09-25-2008, 06:33 PM
1) Yes. If you dont have an EAD by then. You will be eligible for one year extension because of your labor approval
2) Yes. You can apply for a 3 year extension, if you apply for the extension after the 140 approval.
usirit
09-25-2008, 09:36 PM
1) Yes. If you dont have an EAD by then. You will be eligible for one year extension because of your labor approval
2) Yes. You can apply for a 3 year extension, if you apply for the extension after the 140 approval.
Jayleno;
Thank you for your reply. Will I get an EAD once my I-140 gets approved? And the scariest question of all, is there an average processing time for this?
meridiani.planum
09-25-2008, 10:45 PM
inline...
I don't know exactly where to look... :confused: but I am sure this is the right place for some guidance.
I got my Labor Certification on 09/23, still waiting on DOL letter with Form ETA 9089.
Where can I research what will be my next steps with the I-140?
Let's say that I'll file the I-140 Form next week:
1) What if I reach June'09 (H1B Expiration Date) without an approval, would it be necessary to renew my H1B Visa?
yes. Assuming your PD has not gone current by then and your I-485 has not been filed, the only status you will have is the H1 and you will need to renew it. You will be eligible for renewals (1 yaer renewals since your PD would be >365 days old. If by then your I-140 is also approved, you can get a 3 year extension
2) What if it gets approved prior to June'09 (H1B Expiration Date) but I still can't file I-485 due to visa retrogression (My Priority Date is 08/06/2007), would it be necessary to renew my H1B Visa?
yes you would need to renew. see above
I'll appreciate your assistance,
Thank you,
usirit
09-26-2008, 09:09 AM
InTheMoment & meridiani.planum;
Thank you for your excellent assistance
Regards,
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