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H1b has lees than a Year -- Please Help

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  • H1b has lees than a Year -- Please Help

    Dear Experts,
    My company is going to use pre approved LC of other employee (who has left the company)to file my I-140/I-485. But my Six year H1B has less than 1year. Can it be done since my lawyer is going to use the pre approved LC or I'm already dead since I do not have 1 year left on H1B.
    Thank you

  • #2
    Dear Experts,
    My company is going to use pre approved LC of other employee (who has left the company)to file my I-140/I-485. But my Six year H1B has less than 1year. Can it be done since my lawyer is going to use the pre approved LC or I'm already dead since I do not have 1 year left on H1B.
    Thank you

    Comment


    • #3
      If the company already has the approved labor certification, and if you meet the requirements of that labor cert at the time it was filed (i.e., on the priority date, you had the required degree, experience and/or skills), you should be fine. The company just proceeds to file the I-140/I-1485, substituting you as the beneficiary of the labor certification. This is routine, and you should be able to get an EAD to cover you after your H-1B time runs out.

      Also, if you have had a labor cert filed for you by this employer (or by another employer) before you started your sixth year of H-1B status, you may be able to get additional H-1B time. However, since you will be eligible for the EAD when the I-485 is filed, you should not need to get more H-1B time.

      Comment


      • #4
        If somehow he gets EAD before his H-1 expires what will his status be in this case?

        Comment

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