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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 11-06-2007, 09:12 PM
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kpdvlr is on a distinguished road
Question H1 extension when I-140/485 pending for less than a year.

I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.

I am aware that we can file for a 3 year extension if I-140 is approved and I-485 is pending.

Right now with the lengthy processing times we are not sure when the I-140 is approved. Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?. Gurus please advise.
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  #2 (permalink)  
Old 11-07-2007, 01:50 PM
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Quote:
Originally Posted by kpdvlr View Post
I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.

I am aware that we can file for a 3 year extension if I-140 is approved and I-485 is pending.

Right now with the lengthy processing times we are not sure when the I-140 is approved. Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?. Gurus please advise.
I maybe wrong but to qualify for even the 1 yr extension, the I-140 petition must have been filed 365 days before the start date of the H1B extension.
In your case it's 9 months.
Maybe you can move on to AOS after May 2008 but if you get your I140 aproved before that then you can extend it for 3 yrs.
Just my 2 cents
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Labor RIR : Mar 25,2005
I485/I765/I131 RD : July 2, 2007
I485/I765/I131 ND : Sep 8, 2007
I485 RFE 09/08/2008 I20,MC,OPT EAD Replied 09/19/2008

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  #3 (permalink)  
Old 11-07-2007, 03:15 PM
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Cool

Thanks for the response.

This what the lawyer said regarding the 1 year extension

"The labor certification doesn't need to be pending to be able to get the 1 year extension. It just needs to have been pending for more than a year."

In my case it was pending for 3 years before it got approved this year. So it seems I am eligible for 1 year extension.
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  #4 (permalink)  
Old 11-07-2007, 06:07 PM
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kpdvlr: your lawyer is correct - you will get one year extension
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  #5 (permalink)  
Old 11-08-2007, 10:24 AM
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your lawyer is correct - i'm going to be doing the same thing shortly
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Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #6 (permalink)  
Old 11-08-2007, 01:32 PM
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Quote:
Originally Posted by kpdvlr View Post
Thanks for the response.

This what the lawyer said regarding the 1 year extension

"The labor certification doesn't need to be pending to be able to get the 1 year extension. It just needs to have been pending for more than a year."

In my case it was pending for 3 years before it got approved this year. So it seems I am eligible for 1 year extension.
You may want to clarify this with your lawyer. The labor certification doesn't even need to be pending for more than a year. It just needs to have been FILED 365 days before the expiration of the 6th year of H1.
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