Can we renew 7th year H1 while a denied 140 is under appeal?

M

madmonkey

Registered Users (C)
hi Guys

Is it possible to renew H1 in one year increments while a denied 140 is under appeal with AAO? I filed 140 under EA and dont have much hope because of nasty RFE...H1 is currently entering 6th year (cannot make 365 day labor rule).

Thanks
 
If you otherwise fulfill the requirements (labor pending, no number available) you can get a 1-year renewal even if your I-140 is currently in appeal status. If not, you can try O-1 or recapture some H1 time.
 
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Thank you guys. That was very helpful. I do have a pending NIW which I hope will have fewer problems....but with NSC - you can never say anything. I wanted this info as a backup.
 
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