misunderstanding/errors in your initial email and its following

Cincyjade:

There are some misunderstanding/errors in your initial email and its following replies by others!

The 7th year AC-21 rule requires that the labor certification application must be pending for 365 days before reaching the H-1B 6-year limit, unless the labor certification application is filed before reaching 5 years in H-1B, he/she is not eligible for the 7th-year extension.

Also, ONLY both I-140 waiters and I-485 waiters whose priority date is 365 days or older can apply for extension of H-1B status "indefinitely" until his/her I-485 application is decided by the USCIS.

For your case, your priority is 11/05/07, so even you I-140 gets approved before the 07/25/08 (assume it is the last H-1B visa date), you still can not get the 7th year H-1B extension, because your priority is less than 365 days. (NOT like in your initial email and the following replies by others, if your I-140 is approved before 07/25/08, your status will be OK, but actually it is not)

Solution: 1) apply for O1 visa

Solution: 2) after I-140 approval, try to keep the job in US, than apply for "Consular Processing" in China to get immigrant visa (Green Card).

Also see
http://www.greencardapply.com/news/news07/news07_0206.htm

http://www.greencardapply.com/h1b/h1b_ac21.htm






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