H1 B extension based on pending i-140.

D

destinychild

Registered Users (C)
I apologise for posting this thread here. But, I found this place to be the most active among all the different forum catagory . My H1 b is expiring in Oct 2008 ( after capturing my stay outside USA ). I applied for EB1 /EB2 NIW in sept 2007.I dont have any labour certification. Can I apply for H1 B extension based on the pending i-140.
I appreciate your input .
Thank you
Minolta
 
No. The 1-year extensions were put in place explicitly for people stuck in the then-slow labor certification process. Since you don't have to go through that you can't extend based on it. However, if your I-140 gets approved in time you can get a 3-year extension based on the I-140 approval.
 
I was under the impression that non-labor 140s pending for more than one year were eligible for H1 extensions. There were some previous discussions on this topic in this forum.
 
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