Will I be eligible for H1-B extension?

I

indyanguy

Registered Users (C)
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

My case details:

Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010

I140/I485 concurrently applied on July 07

Currently have EB3 I-140 filed based on Substitute Labor at NSC.

Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?

Please help!
 
Answers below:
1. If your I-140 is denied then your GC trail will end there itself. You become ineligible for further H-1B extension.
2. If the I-140 gets approved and your priority date gets retrogressed, then you are eligible for 3 year extension; otherwise 1 year extension is what you get.
3. You need another I-485 if you want to start naother GC trail.

By the way, what's your priority date?
 
If your I140 is denied then you can appeal your case to get further extn beyond 6 years. The AAO appeal takes between 14 to 17 months.

If you are not confident about your existing sub Labor and 140, I strongly advise you to start your New PERM as your backup.
 
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