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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!
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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