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After 365 days with no LCA, can we now apply for I-140?

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  • After 365 days with no LCA, can we now apply for I-140?

    Hi All,

    Is that right? If after 365 days of applying for the LCA I have no answer, I heard I can then apply for I-140? This would also help the extension of the 6 years limit for H1-b holders.
    Did you hear about this, and is it in effect?

    Cheers,

    Benno

  • #2
    Hi All,

    Is that right? If after 365 days of applying for the LCA I have no answer, I heard I can then apply for I-140? This would also help the extension of the 6 years limit for H1-b holders.
    Did you hear about this, and is it in effect?

    Cheers,

    Benno

    Comment


    • #3
      That would be just magnific. I'm curious too.
      Who knows the laws governing this right now?
      Cheers,

      Peter

      Comment


      • #4
        That is NOT true. You MUST have LC approved before filing I-140.

        Comment


        • #5
          Also heard of this recent "law", and was expecting it to be true, 'cause I'd benefit from it. Does anybody else know of this?

          Bye,

          Tiddy

          Comment


          • #6
            AC21 106 - Special provisions in cases of lengthy adjucation, permits H1B non-immigrants to obtain an extension of H1B beyond the 6 year maximum period when 365 days or more have passed since the filing of a lobor certification application. The attorney general provides these extensions in one year increments. In order to recieve an extension, the PETITIONER must file a Form I-129 on behalf of the nonimmigrant beneficiary.

            For the whole document search for AC21guide on the DOJ website.

            However, one cannot file the I-140 before labor certification is approved.

            Comment

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