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Can I stay on pending I-140 after H1b expires?
- Thread starter cany
- Start date
cany
The USCIS website (http://uscis.gov/graphics/publicaffairs/questsans/H1BChang.htm) says "AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition."
You also can apply for AOS (I-485), EAD (I-765) and AP (I-131) insted of the extension of H-1B.
Good luck!
The USCIS website (http://uscis.gov/graphics/publicaffairs/questsans/H1BChang.htm) says "AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition."
You also can apply for AOS (I-485), EAD (I-765) and AP (I-131) insted of the extension of H-1B.
Good luck!
My I-140 is still pending and H1b is expiring.
----- If I-140 is denied then EAD, AP, I-485 all will be denied and you will have no status to stay or work in US, many are getting RFE for Education and employer ability to pay from service centers. I would not take the risk and will file my H1b extension ASAP to be safe
Can I stay in the US after my H1b expires
----- IF I-140 denied and you don’t have H1B status, you cannot stay or work, asks your employer to file H1b extension ASAP.
to wait for my I-140 approval and work as well?
----- Don’t take the risk nobody can tell you that I-140 will be approved, play safe. if 6 years compleated then apply 7th year H1 just attach I-140 filing reciept or I-485 filing reciept with 7th year H1 extension papers
Read below:
http://www.murthy.com/ukdenial.html
----- If I-140 is denied then EAD, AP, I-485 all will be denied and you will have no status to stay or work in US, many are getting RFE for Education and employer ability to pay from service centers. I would not take the risk and will file my H1b extension ASAP to be safe
Can I stay in the US after my H1b expires
----- IF I-140 denied and you don’t have H1B status, you cannot stay or work, asks your employer to file H1b extension ASAP.
to wait for my I-140 approval and work as well?
----- Don’t take the risk nobody can tell you that I-140 will be approved, play safe. if 6 years compleated then apply 7th year H1 just attach I-140 filing reciept or I-485 filing reciept with 7th year H1 extension papers
Read below:
http://www.murthy.com/ukdenial.html