Need Help in How to Apply H1B 7th yr ext using Substitution Labor

[srisairam]

Friends,

My H1B 6th year expires in Dec 07. PERM Labor applied in Mar 07 and still pending.

As I applied Labor < 365 day so the rule >365 is ruled out.

I read a article in murthy.com about 21st Century DOJ Appropriations Act

so I thought the best option would be Substitution labor.

Using Substitution Labor applied for I140 and I485 in july 07.

Does any one applied for 7th year extension using substitution labor PD?

If yes can you please explain how you did that?

Applying for EAD is only option I have?

Please reply ASAP.

Thanks

[dssreddy27]

I too have same problem. I have not applied for I1485 and I485.

I am just waiting for PERM Labor approval and I140 Premium process.

I have 90 days to go and I need to get PERM Labor approval and I140 approval by Premium and then apply for 7th year extension.

Just waiting ..............

[same_old_guy]

you can use subs labor for H1 extn ONLY if I-140 gets approved. It's very unlikely that you can get your I-140 approved before Dec 07. This is because it's subs labor so USCIS will very likely to view it under microscope and likely to issue RFE. Even if you argue that your subs was a "valid and legitimate one" with proper fit on job desc etc, it's taking somewhere between 9 to 18 months for normal I-140 cases.

So unless by some miracle, USCIS starts premium processing for I-140 with subs labor, you should really be worried and start thinking about plan B and not relying on H1 extn based on labor or I-140.

Originally Posted by srisairam

Friends,

My H1B 6th year expires in Dec 07. PERM Labor applied in Mar 07 and still pending.

As I applied Labor < 365 day so the rule >365 is ruled out.

I read a article in murthy.com about 21st Century DOJ Appropriations Act

so I thought the best option would be Substitution labor.

Using Substitution Labor applied for I140 and I485 in july 07.

Does any one applied for 7th year extension using substitution labor PD?

If yes can you please explain how you did that?

Applying for EAD is only option I have?

Please reply ASAP.

Thanks

[same_old_guy]

There is no premium processing for I-140 as of now. There is no news when it will start again.

So you should plan ( using AC21) accordingly based ONLY on your labor certification, that is whether it can be used for H1 extn.

Originally Posted by dssreddy27

I too have same problem. I have not applied for I1485 and I485.

I am just waiting for PERM Labor approval and I140 Premium process.

I have 90 days to go and I need to get PERM Labor approval and I140 approval by Premium and then apply for 7th year extension.

Just waiting ..............