If 140 denied and appeal is pending, can we file for 7th yr extension?

[hate140delay]

If 140 is denied, and I appeal to AAO, but my H1b is nearing its 6 year deadline, can I file for 7th year extension?
My 140 is not denied yet, but was curious.

 

[an_anonymous]

Yes...you can. If there is a pending appeal on I-140, you are eligible for 7th year extension. I would suggest, this 7th year extension should be filed under Premium Processing so that you get the H1 extension before any decision is made on the appeal.

Hope you don't get it into that situation...

Actually, in your case, you could as well file it now...since you are already nearing 6 year completion...

Good Luck