Legal Question in Immigration Law in Michigan

140 appeal 7th year H1B extension

Dear Sir:

My ETA 750 file at 01/29/04, approved at 03/01/2007. and then file 140 at 08/30/2007, and then be deny at 05/09/08 . At 06/10/08 we file the 140 appeal, now the appeal is pending...

my question is if I can apply for my 7 years H1B/H4 extension which will be expire at 1/29/2009. Thanks very much for your answer !


Asked on 12/09/08, 3:48 pm

3 Answers from Attorneys
Rebecca White Law Office of Rebecca White

Re: 140 appeal 7th year H1B extension

If it has been over 180 days since the filing of the I-140 you can apply to extend H-1b/H-4 status into the 7th year, even if the I-140 is on appeal. If you would like assistance with this please contact my office.

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Answered on 12/09/08, 6:48 pm
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: 140 appeal 7th year H1B extension

You can apply for the 7th-year extension under the law AC21, which allows you to file for the 7th-year extension if your labor certification was filed more than 365 days prior to the 6th anniversary of your H-1B visa, in other words if it was filed before the 5th anniversary of the H-1B. The denial and the appeal of the I-140 do not matter.

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Answered on 12/09/08, 9:03 pm
JASSI SACHDEV LAW OFFICES OF JASSI S. SACHDEV, P.C.

Re: 140 appeal 7th year H1B extension

Yes you can

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Answered on 12/13/08, 2:21 pm


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