I am completing my H1 6 year on March 2004. My company has filed my RIR labor application for Green card on Nov. 2001 but looking at the economy and my company layoff history I am not positive about my RIR labor. Is it possible to file regular labor application now when RIR is already in process to take advantage of pending regular application for more than 365 days in case my RIR is rejected?. If I convert my rejected RIR labor to regular labor, when my 365 days count clock starts, Original RIR date or regular labor filing date?

That would be a new case, so the new filing date would be on the date that you file the new case.

If your company has had layoffs, then find out whether anyone in your category was released. If not, then you can argue that the layoffs did not occur in your type of work.

Feel free to contact me at info@myronmorales.com if you have any additional questions.

Thanks for your suggession. Can I file regular labor now when my RIR labor is pending for more than one year, to take advantage of 7th year extension based on regular labor if RIR is denied.