I-140 filed waiting for approval and H1 extension

M

moon123

New Member
Anybody have idea on H1 3 years extension rules.

I got LC approved. I -140 applied recently and waiting for approval. But my H1 visa expiring in Aug '05.

What is the best way to stay back in US?

Do I need to wait for I - 140 approval to apply 3 years H1 extension?

OR

Can I apply now for 3 years extension before I - 140 approval?

Thanks in advance.
 
You meant Aug 2006 ??? if yes,

Wait for I140 approval.

1) Aug 2006 - 60days = ~Jun 15th 2006 apply for H1b 3 yrs extension deadline.

2) Dec 2005 + 6months I140 processing time = June 2006.

You are pretty close. Have the paper ready by July 2006.

Good luck.

-H
(just applied for 8th yr ext)
 
moon 123,
In my opinion, you should file for H-1B extension atleast 3-4 months prior to your current H-1B expiration irrespective of whether your I-140 is approved or not. The reason why I say that if you cannot file I-485 due to retrogression, you need to have a valid visa (or approved extension) to continue working. On the other hand, if you are able to file I-485 (and thereby EAD), you can work using the EAD without getting H-1B extended, however, there is always a risk of 485 being rejected thereby making you out of status.
 
I think that you do not need an approved extension in order to stay beyond your visa date. You can also stay if the petition is still under review.

Yes, it would be better if you apply the H1 3-4 months earlier so that you avoid the last minute blues.

H1BGC007 said:
moon 123,
In my opinion, you should file for H-1B extension atleast 3-4 months prior to your current H-1B expiration irrespective of whether your I-140 is approved or not. The reason why I say that if you cannot file I-485 due to retrogression, you need to have a valid visa (or approved extension) to continue working. On the other hand, if you are able to file I-485 (and thereby EAD), you can work using the EAD without getting H-1B extended, however, there is always a risk of 485 being rejected thereby making you out of status.
Click to expand...
 
Moon123,
If you can apply for 7th year extn, do so.
If you get 1-140 approved, you may (or will) get a 3 yr extension. I140 takes 2 months in general.

My case is much tighter....even though I got 140, my company said they cannot file h1 earlier than 2 months before h1 6 yrs expiry. This is very critical, since, if by any chance they delay or something happens, there is very little buffer time left over.

So, in my opinion, before 3-4 months or so, apply for H extn. Thats the safest way.
 
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