View Full Version : H1b 5th yr can i get 3yrs ext if my i-140 gets approved?

08-08-2006, 12:53 PM
Hi ,

Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?

Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.

08-08-2006, 01:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.

I think this issue is equally important in solving retrogression.

08-08-2006, 01:42 PM
Hi ChainReaction,

Look into the discussions in my thread "Transferring Companies after I-140 approval" and the possibbilities are discussed clearly. In fact, I consulted a lawyer out of my own interests and posted the outcome.

Hope it helps.