Approved PERM - H1 Extension - urgent help needed

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akil

Registered Users (C)
Hello Gurus,
I applied to DOL through PERM process on Aug 11,2005. My 6th year in H1B expires on Aug 15,2006. My Labor got approved last week. My attorney is planning to file my I140. I went out of U.S. for vacation only for 36 days from my entry into U.S - that is in the past 51/2 years. As Labor is approved can I file for 1 year extension in H1B. I heard that I need to go out of U.S. for another 40 days in order to apply for one year extension. Please let me know asap. Thanks
Akil
 
Akil,
I'm similar situation. if you find out whether you can extend H1 while I140 is pending, could you please let me know?
Thanks
 
Dear Friend,
You will be able to file your h1b extension (labor approved or still in process it should have been pending for 1 year from the date of filing when you apply for the 6th year extension) The only problem is its going to be too close in terms of getting it to the USCIS perfectly on that date... so that you have a receipt notice before your i-94 expiry date... talk to you attorney and see what he advises.. File your I-140 immediately, incase if you get the approval before you file the extension you will get h1b extension for 3 years. (The approx time frame for EB3 category is around 3 months...)
Good Luck,

Iaminq
 
hey friend sorry that earlier answer was for a different query..

Yes you can use your priority date with the new filing if your 1-140 is approved. Make sure you keep a copy of the approved labor & I-140 from your previous employer just incase if its needed.

iaminq
 
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