what are my options

GCNeb123

Registered Users (C)
If my 140 gets rejected what are my options.

1. file new labour with the same company. i have less than 365 days remaining in my h1 , can i extend ,my h1

2.file labour with another company. can i extend h1
 
GCNeb123 said:
If my 140 gets rejected what are my options.

1. file new labour with the same company. i have less than 365 days remaining in my h1 , can i extend ,my h1

-----> Firstly, why do you think your I-140 will get denied ? In worst case, if it gets denied, then you could file MTR/Appeal.

2.file labour with another company. can i extend h1
------> I think you will still be eligible for H1 extension for 1year incremental.
 
Not sure if you can do this, but you can always appeal and maybe use that as the excuse to extend your H1 while filing a new labor.

Alternatively, if there are <90 days left in your H1 and your PD is retrogressed, you can extend your H1 for 3 extra years. I don't think you can apply for an H1 renewal with more than 90 days left in it.
 
I have 300 days left. if i file labour in perm now and then if its approved in 3 months and i apply for I 140 can i extend my H1B . pl help
 
I think you are fine, if your PERM labor is approved in 3-4 months you can apply H1 ext based on that approved labor.. If your labor and 140 is approved within 300 days and you are from retrogressed country then you get 3 yrs H1 extn..

Don't worry. Good luck
 
GCNeb123 said:
If my 140 gets rejected what are my options.

1. file new labour with the same company. i have less than 365 days remaining in my h1 , can i extend ,my h1

2.file labour with another company. can i extend h1

Yes -- this is how it might go.
Say U apply for labor today ... U have around 10 months of valid period to work in US. Now after Ur valid H1b period is over ... U can stay and work for next 6 months without raising any flag.
So after 2 months after the Ur extended stay -- U can file for H1b extension for 3 years and U will be all set.
[I guess U cannot file for H1b extension until U can give a proof of 1 year period from labor]

So if you have not applied for labor .. U should do it as soon as possible... U cannot cross the 180 days line .. if U cross then things might become very very difficult.

Hope that helps
Good luck
eBhola
 
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