8 th year extension with pending 140

[libra4u]

I have applied my labor through company A in 2004. I left that and transferred my H1b to company B and got the 7th year extension using company A pending labor. But this pending labor is closed as my Company A employer did not give response to uscis. I have applied my 140 in April 2007 using the substitute labor from Company B and 485 in June. My 140 is still pending. I have valid H1b till 2008 Dec. Now as my 140 is still pending can I get the 8th year extension using the pending 140 (substitute labor).

As a back plan, I asked my attorney to apply new labor before dec 2007, but he is not sending me the tracking number. He said he applied, but not giving any details, so I am not sure if he applied or not.

Please tell me if I can get H1b extension with April 2007 pending 140.

Please also suggest me if I can take any legal action on my attorney. When I call him he is saying that everything is set, but when I ask for receipt number he is not even responding to my mails, I am mailing him daily since 4 months. Please help me with your valuable suggestions.

Thanks in advance.

[txh1b]

You have to hope and pray for the I140 to be approved before Dec 2008. A mere pending I140 will not give ability to extend your H1b.

What do you mean by Labor closed from company A? Due to the new rule of labor expiring in 6 months, USCIS is not accepting labor from previous employers if there was no I140 applied against it.

You need to discuss other options with your attorney past Dec if !40 remains pending or if the Labor applied for you is approved. Even if the Labor applied in Dec 07 is approved, I don't think that will be useful to your case as you need one that was applied before your 6th year.

All I see is for you to use EAD beyond Dec 2008. Let me know if you find out any other options.

[libra4u]

Thank you very much for the reply.

Labor with Company A is closed because they did not send the response letter to USCIS in August 2007, but before this was closed i got my 7th year extension using that pending labor.

My attorney told that if the labor application is applied 1 year before the H1 expire we can get the H1 extension and that is the reason i asked my attorney to apply for new labor before dec 2007.

As you said, i have to wait for my 140 approval
or else pack up and go back in or before dec.

I140 is pending since 1 year, no news on it..

Thank you very much for your qucik response ..

[txh1b]

My attorney told that if the labor application is applied 1 year before the H1 expire we can get the H1 extension and that is the reason i asked my attorney to apply for new labor before dec 2007.

..

May be it is 1 year before the last H1b expiry as your attorney says that. He must be right. For some reason, I thought it has to be 1 year before the 6 th year in the absence of an approved I140.

As you said, i have to wait for my 140 approval
or else pack up and go back in or before dec.

What about the EAD from pending I485? You can use that instead of the pack-up option. By then, if the Dec 07 labor and a new I140 can be applied for and if it gets approved (in case of a denial from the other I140), you can always use that and switch back to H1b.

[libra4u]

Thanks for the reply.

I have EAD, but i dont want to use it untill my I140 is cleared, and that is the reason i have asked my attorney to apply for new labor in Dec 2007. He told me he did, but not sending the tracking number since 4 months. Even he is not giving that info to my employer. we are calling and mailing him daily but no luck.

Thanks

[txh1b]

Thanks for the reply.

I have EAD, but i dont want to use it untill my I140 is cleared, and that is the reason i have asked my attorney to apply for new labor in Dec 2007. He told me he did, but not sending the tracking number since 4 months. Even he is not giving that info to my employer. we are calling and mailing him daily but no luck.

Thanks

That indicates trouble. The employer has every right to get that information if not you. May be they did not file it yet. Time to get a new attorney and ask him to send all paperwork to the new person which they have to do following professional ethics. May be complain to the local/state bar.

[libra4u]

Thanks for the reply.

I am in virginia and attorney is in chicago. Complaning will not do any help for me, but i dont want any other suffer like me. Can you please tell to whom i need to complain? I even called the yesterday, they are still telling that they have filed, but when my employer has loged into to their site with company ID it is not showing up. so he is also having doubt.

Please send me the details If you.

I very much appreciate your help.

Thanks

[txh1b]

What is the reply when you/employer call? They can say it is employer petition and they will not disclose to you if you call. How about when the employer calls?

Are they member of AILA? I would guess that they may have not applied and you are unnecessarily keeping hopes on it.

[libra4u]

I am thinking so .. They told us that they have applied on Dec 17th and they will send the details soon. we kept calling them every 15 days and they told that they are waiting for reply from INS. Now they are telling that they r busy and will send the tracking number soon. They r telling me the same since 1.5 months. But when i called them, they are telling that they have filed and i dont have to worry. If they really filed atleast my employer should see that in their site, but he is not seeing that. My employer told me abt this ysday. so not sure wht to happening...

Thanks

[libra4u]

I just checked the AILA. They are not the members of that .