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Puzzle: H1B extension

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  • Puzzle: H1B extension

    In January 2005 I applied for labor certification, then upgraded to PERM in October 2006. The Department of Labor certified my job/position but assigned me a new priority date based on the date they received my PERM upgrade application (August 2006). Based on that certification I sent out my I-140 and I 485 forms concurrently to USCIS. My current H1B will expire in 3 months from today which means I don't have a 365 days priority date if USCIS chose my October filing, but I would have more than 365 days if USCIS accepted my original labor certification application of 2005. Can anyone comment on this case? Which date USCIS will consider as my priority date for the renewal of my H1B? Can I continue working in my current job if my H1B is not extended since I have I-140 application pending with USCIS? Thanks for any comments.

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