final year of h1-b, I-140

[chummaid]

Hi

I am being firmly told by the local Immigration office that once i enter my final year of my h1-b (at the end of this month), USCIS will not adjudicate an I-140 application filed in EB1B (employment-based category). Their position is that it is USCIS regulation that once I enter my sixth year, an I-140/I-485 may no longer be filed for me.

However, I am unable to find this supported anywhere. All I can find is that in case I wish to apply for a 7th year extension of my H1B, I will not be able to do so because for that, I would have to have filed an I-140 one year before my H1B expires.

Thanks much !!

Suresh

 

[nscagony]

What is a "local Immigration office"? You can file I-140/I-485 as long you are legally present in the US, which includes the last day of your 6 years (as long your I-95 is valid).

 

[manwithnoname]

Once the I-485 was applied, H-1 will be no longer necessary on the top of it. Yes, the I-140 (for EB1 case) should be filed more than 365 days from the current visa expiry date in order to extend it.