H1 expiration

[mengy13]

I submitted LC application in Feb. 1998 to New York State. I am still waiting for approval from state labor department. My H-1B visa will expire in July, 2002 (started at Aug. 1996). I am not certain if I can get LC approval from US DOL before H-1B expiration date. Here are my questions:

1. If LC is approved from US DOL and I-140 is filed before H-1B expiration date, will my I-140 be processed? even I switch to F-1 visa after H-1B expires? How about I-485 application while holding F-1 visa?

2. If LC application is filed to US DOL, but can't get approved before H-1B expiration date, and I switch to F-1 visa after H-1B expires. Can I still wait for LC approval from DOL ? If it gets approved, how can I apply for green card (I-140 and I-485) while holding F-1 visa?


Thanks

[immihelp]

Your H1 status and LC, I-140, I-485 processing are independent.

You can stay in US on H1 for 6 years and before that if you can file I-485, you stay in US as long as I-485 is pending.