New Policy Guidance on H1B Extension based on I-140

ssdtm

Registered Users (C)
Opening this new thread to discuss H1B extension based on I-140.

Is H1 extension possible with less than 365 days in labor but 140 approved??


Read this -
(4) Exemptions to Limitations of Stay.
The limitation on the total period of stay does not apply to H-1B aliens when:
(C) The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.


Does this mean that people with following situation will get extension beyond 6 years?
- Someone has completed more than 6 years on H1
- Has less than 365 days in labor process
- But has obtained the pre-approved labor and has 140 completed after that
 
Does it matter what is the PD of the labor ? i.e. The PD of the labor may be less than 1 year old. (but it is approved along with 140)
 
H1B extension

Hi

Is it possible to get 3 yrs extension if 140 is cleared and I-485 is pending??

pls share your thoughts
 
If 140 is cleared and you are due for H1 extesion, you can get 3 yr extension instead of 1. This was the case even before the currents Aytes memo (of Dec 5, 2006)
 
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