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
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