H1B extension without starting I140

P

pm1012

Registered Users (C)
Any opinion is appreciated.

My current status:
H1B approved
EB3
PD: 10/2003
7th yr H1B expired: 1/2007

Can I not work on the I140 and just keep the status as LC approved until the visa avalible? And during this period, can I keep submitting H1B extension by the reason pending for the visa avaliability?

Many thanks.
:confused:
 
From what I understand, Visa availability will not affect you. Visa availability is for new H1s only. Yours will be H1 Extension(s). So Before 01/2007 when your H1 is about to expire, file for H1 extension. If your 140 is approved by then, you will get H1 for 3 years, if you are still just with the LC then you will get keep getting 1 year extensions.

H1 extensions have nothing to do with Visa availability dates.

I hope I answered your question.
 
I think the 'visa unavailable' phrase in the original post is a bit confusing.

If you are talking about H1B visas not available, since your's would be an extension, those caps do not apply to you.

If you are talking about 'Visa number not available' in the GC context, the dates in Visa Bulletin affect only I-485 filings (to determine who can apply and when they could get approved).

To answer what I think your question was...

As your LC is already approved, you need to apply for I-140 before you can apply for your H1B extension. You need to have some part of the GC under processing (or you must be waiting for your priority date to become current so that you could apply for I-485) and your GC process must be at least one year old in order to qualify for an extension.

Just having an approved labor is not going to get you an H1B extension. USCIS might think this way... What is keeping your employer from applying for I-140 (retrogression issues do not apply to this)? Have they changed their mind and don't want to sponsor you for GC? Or is their financial situation degraded so that they won't be able to pay the salary quoted on the labor petition?
 
Last edited by a moderator:
Thanks

Thanks for the opinoin.

I think it pretty much same way. Yes, you are right. I don't want to start I-140 right now because the business for my company is slow and I have to wait for the visa avaliabiltiy. I am afraid I will get REF for I140.

If I have my I140 petition receipt with my extension request, can I get my H1B extension for three year?
 
I got extension for only one year, with a pending I-140. My labor was 4 years old. Of course, your GC process (starting with the labor petition) must be at least one year old to qualify for any extension.
 
You must log in or register to reply here.
Top