Immigration Issues/LCA H1-B Visa

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Question
Mr. Hollander,
My employer filed for my Labor Condition Application 6 weeks past entering into the 6th year of my valid H1-B visa. To be exact my H1-B will expire on December 1st 2006 and I filed for the LCA on January 13th 2006. Can I still apply to extend my H1-B for the 7th year to start after January 13th? Or is it too late?

My LCA is approved. So if it's too late how can I still work while waiting for my I-140 and I-485 is in process?

Thanks

Ahmet

Answer
By LCA I assume you mean Labo Certification Application and not Labor Condition Application. You can not file for 7th year if your Labor cert has not been pending more than a year. If you can or did file the I-485 you can file an I-765 to get work permit while case is pending, but Idoubt you can file I-485 unless your case is an EB1 or EB2.

Regards,

Robert

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