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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 11-27-2007, 08:24 PM
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Mar 2007
Posts: 52
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Default H1-B Extension 9th year, Orig labor I-140 appeal & pending, Sub LC I-140/I485 Pending

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.


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
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