H1B extension after I140 approval - URGENT

[toprasad]

My H1B has expired in 2001 and I am currently on O Visa.
I have not stepped out of the country for a year to reset the clock on H1B.
If I have an approved I140, can I get an extension to my H1B?

 

[ginnu]

My H1B has expired in 2001 and I am currently on O Visa.
I have not stepped out of the country for a year to reset the clock on H1B.
If I have an approved I140, can I get an extension to my H1B?

---------you are NOT on H1b how you can extend H1??????

***you can get O-1 extension
** your I-140 is approved and you can file I-485, EAD AP

O-1: O status can initially be granted for three years and can be renewed indefinitely in one-year increments by application to USCIS. The earliest a petition to extend O-1 status can be filed is six months in advance of the expiration of the current approved petition. Departments are advised to apply for the extension early on as processing time by USCIS cannot be predicted or guaranteed. The O-1 petition for extension does not need to include all the same documentation as required by the original. You should, however, update your C.V. and publications list, and include copies of one or two new publications, if available. If you have any dependents with you in O-3 status, they must have their status extended as well. An additional form I-539, and fee, must be included with your extension petition.

There is a "portability" provision in H-1 regulations which allows an applicant who is already in H1B status to begin working at the new employer as soon as that employer receives a notice of receipt for their H1B petition from the USCIS. This means that employment can begin before the processing and approval of the petition is complete. Portability does NOT apply to O-1 status. An individual in O-1 status must wait for the subsequent employer's O-1 petition to be approved before they can begin to work there.