H1B 6th year + I-140 pending

Y

yy1

Registered Users (C)
hello, a question about H1B extension.

If the H1B is on the 6th years and a NIW based I-140 is pending,
Can I file the H1B extension?

If not, in what kind situation, the H1B holder can get H1B extension after the 6 year H1B period?

Thanks.

fishlet
 
yy1 said:
hello, a question about H1B extension.

If the H1B is on the 6th years and a NIW based I-140 is pending,
Can I file the H1B extension?

If not, in what kind situation, the H1B holder can get H1B extension after the 6 year H1B period?

Thanks.

fishlet
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I am not 100% sure but I think your I-140 has to be pending for at least 365 days.
 
Honkman is correct. If your I-140 is pending for 365 days or more, you are eligible for H1-B extension.
 
I thought I should add it here... The condition is that your I-140 notice date (may be RD?) should be at least 365 days earlier. It means that even if your I-140 is approved, you can still apply for H1 extension.

S
 
To be more precise, you need your RD to be 365 days old or more. I know because in my case my RD was 365+ days old while ND was not. Talk about living on the edge! LOL.
 
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