Have you filed I-140 yet?
We would like to remind our readers that all Labor Certifications (LCs) approved on or before July 16th 2007 will expire on Jan 12, 2008.
If our readers remember, in May 2007 the Amendments to Labor Certification rules were published which went into effect on July 16th 2007. Consequently, all LCs approved on or before July 16th was subjected to a 180-days expiry period, which makes January 12th 2008 the last day.
Effect on I-140 petitions
In effect, this means if an I-140 Employer Petition is not filed against these approved LCs in question by January 12th, they will be quite useless. The employer simply needs to file an I-140 against any LCs available to it, which was approved before July 16th 2007. The I-140 need not be approved within this date, filing alone will preserve the LC. If the I-140 is denied for any reason, an appeal can be made even after the deadline.
NOTE: LC substitution has been stopped since July 16th and as such, a previously-approved LC under a different name cannot be substituted for another person anymore.
Effect on H1B Beyond 6th Year Extension
Since H1B extensions beyond the 6th year is granted based on valid LCs, all H1B status holders whose LCs are due to expire this January but who are not filing or planning to file an I-140 are advised to look for alternative plans regarding maintaining H1B status.