Hello,
My employer filed for an H-1B extension back in July 2013 (I've been 4 years with them) and it's still pending. My current status/I94 expired on 9/30/13. Per USCIS nonimmigrant customer guide I can "continue previously authorized employment for 240 days while extension application is pending".
However, I got the PERM approved and my employer plans on filing I-140. Is it possible to file I-140 before the H-1B extension is approved and what should the line 15 and 16 in part 3 of I-140 state (Current nonimmigrant status and Date status expires)? Is it sufficient to put the latest status and the date in the past?
Thanks!
My employer filed for an H-1B extension back in July 2013 (I've been 4 years with them) and it's still pending. My current status/I94 expired on 9/30/13. Per USCIS nonimmigrant customer guide I can "continue previously authorized employment for 240 days while extension application is pending".
However, I got the PERM approved and my employer plans on filing I-140. Is it possible to file I-140 before the H-1B extension is approved and what should the line 15 and 16 in part 3 of I-140 state (Current nonimmigrant status and Date status expires)? Is it sufficient to put the latest status and the date in the past?
Thanks!