RealCanadian/JackOLantern/other immi GURUS, please respond..

FETCH_GC

Registered Users (C)
Hi Gurus,

I have been on H-1B since June 2000 and have already finished my regular
6 yr H-1B and then got a 3 year H-1B extension based on my approved I-140 in June 2006 which is good until June 2009.

As my sig reveals that my EB-3 (India) PD is Apr2002, I have got a question.

1) Can I apply for my second 3 yr H-1B extension based on my approved I-140 petition, if my PD is not current by June,2009 or let us say March,2009.

I know, you guys would want me to be optimistic, as EB-3 India is currently
at 01NOV2001 and I am just another six months away from my PD being CURRENT. But just wanted to know if the above thing is possible should my
PD does not happen to be current, for some reason (U guys know USCIS :-))
and I can still file for my second 3 -yr extension based on App I-140.

Also Please note I am with my same employer since my entry into US and also I do not intend to use my EAD and AP either though I currently have them as back-up and will continue to get them renewed until I get GC.

I have surfed many threads on this forum but could not find an exact answer.

Many thanks,
FETCH_GC
 
If your PD is not current you will be able to get a 3 year extension based off the approved I-140. If your PD is current then you will get a one year extension based off your approved I-140.
 
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