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Complex Case- NIW & Labor Cert EB2

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  • Complex Case- NIW & Labor Cert EB2

    SCENARIO:

    January 2008 - Filed Labor Cert under EB2 Category
    June 2008 - Filed concurrently I-140 and I-485 under NIW
    July 2008 - H1B 6th year expired (including recapture time);
    now using EAD

    QUESTIONS:

    1. If I-140 NIW is denied, and assuming that the Labor Cert EB2 is approved before that, can we file another I-140 using the approved labor cert, and continue to file the existing I-485?

    2. If I-140 NIW is denied, and assuming that the Labor Cert EB2 is still pending, can we file H1B 7th year extension on January, since the labor cert is 1 year old already?

    Seniors, please share your views. I would appreciate it more if you can post some clips from USCIS website.

    Thank you!

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    Triplicate posting

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