H1-B Extension 9th year, Orig labor I-140 appeal & pending, Sub LC I-140/I485 Pending

[sts_seeker]

Dear Experts,
I have an unique situation. My H1-B is expiring on Feb 08. I want to extend My H1-b/SpouseH4 to be on safe side, but in what basis I can extend it. My situation is as below.

Options:
---------

1) I-140 -- Filed on OCT '06(Own labor PD 2003), I140 was denied due to A2P & I appealed on June'07 and now is at AAO pending. Since the final decision is not made on I-140 & it's been pending for more than 365 days.
(I extended last yr using this option however my I-140 was only pending at that time, I140 was not pending for 365 day, it's a new thing I am finding out now!!!)

2) I-140/485--Filed July '07 using a Substitution labor PD'04 (co worker left Company in '05). Now can I use this I-140 since it is pending and LC was filed in 2004?

When I asked my lawyer(asking 2k for extension) he said that the only way to extend beyond 6 years is
i) if your Labor is pending for more than 365 days or
ii) if I140 is approved.

Could you guys help whats the best option to use while filing extension?
Thanks a lot
sts_seeker!

[gc_chahiye]

Originally Posted by sts_seeker

Dear Experts,
I have an unique situation. My H1-B is expiring on Feb 08. I want to extend My H1-b/SpouseH4 to be on safe side, but in what basis I can extend it. My situation is as below.

Options:
---------

1) I-140 -- Filed on OCT '06(Own labor PD 2003), I140 was denied due to A2P & I appealed on June'07 and now is at AAO pending. Since the final decision is not made on I-140 & it's been pending for more than 365 days.
(I extended last yr using this option however my I-140 was only pending at that time, I140 was not pending for 365 day, it's a new thing I am finding out now!!!)

2) I-140/485--Filed July '07 using a Substitution labor PD'04 (co worker left Company in '05). Now can I use this I-140 since it is pending and LC was filed in 2004?

When I asked my lawyer(asking 2k for extension) he said that the only way to extend beyond 6 years is
i) if your Labor is pending for more than 365 days or
ii) if I140 is approved.

Could you guys help whats the best option to use while filing extension?
Thanks a lot
sts_seeker!

Your own >365 day old LC needs to be either pending or approved . Since you satisfy the second one (PD 2003), why dont you use that to file an extension?

BTW if your own LC has troubles because of A2P, and your LC sub was filed with same employer its likely that this one could also run into A2P issues. If I were you I would hang on to H1B. Hopefully your appeal on your I-140 works out and you can interfile...

[sts_seeker]

Thanks for quick response.
Did you mean to use my own LC(PD2003) which is being appealed now do do the H1-B extension? The Sub LC had lower salary & so I had W-2 that matches the salary, Its PD was in 2004. I just wish if either one is approved will be fine.
What is interfiling, using older approved I-140 for I485 if my appeal goes through?
IV is great help for all of us!
Thanks again!

[sts_seeker]

I am still not sure which LC you are suggesting to use. Thanks for your Help

[sts_seeker]

gc_chahiye and Experts,
I am still not clear about the answer on which I-140 or LC to use to extend my H1-B beyonf 6th yr.
Please reply
thanks again!