susam Posted February 25, 2015 Report Share Posted February 25, 2015 Hello, My 6 years H1 is ending by 1st week of April and i have my PERM approved last year November (2014). My employer has filed for my I140 (as premium processing), however i got an RFE and the attorney are currently working on the response. Could someone please advise whether my employer can file for my H1b extension for an year using the approved PERM? or should they have to wait for I140 approval before filing for my extension. Please advise. Thanks! Link to comment
ashuneel Posted February 26, 2015 Report Share Posted February 26, 2015 They have to wait for I140 approval or I -140 pending for 365 days before filing for my extension Link to comment
susam Posted February 27, 2015 Author Report Share Posted February 27, 2015 So if I140 approval doesnt come through before April 1st week which is my 6 years completion, what are my options? Link to comment
ashuneel Posted March 2, 2015 Report Share Posted March 2, 2015 GO back to home country or change status to different visa. What is the advice of your employer/ Attorney. If your visa expires in the first week of April extension should have been submitted atleast 90 days before in regular processing/ 15 days for PP. Link to comment
susam Posted March 3, 2015 Author Report Share Posted March 3, 2015 True, but since there is no option to file for extension without I140 approval, they are taking the I140 RFE response as priority. I do have 2 months of recapture time after april, i guess i could use that worst case. Link to comment
ashuneel Posted March 3, 2015 Report Share Posted March 3, 2015 Yes you can use recapture time. Ideally when you got PERM approved in Nov, employer should have filed I-140 in PP as you had only 4 months before your 6 yrs are up. It is not worth cutting it that close when I 140 takes 4 months for approval without any RFE according to USCIS website. The employer/ attorney are to blame for this situation and you should demand that the case be upgraded to PP rightaway. I am not sure if RFE pending status can be used for extension. Link to comment
susam Posted March 3, 2015 Author Report Share Posted March 3, 2015 Hi Ashu, My I140 was filed as PP, and they have filed my responses today for the RFE. So i'm guessing hopefully in two weeks i should be able to receive an positive response from USCIS. Yeah thats one thing i wanted to know, if the I140 RFE is pending response, can that be used for extension. Link to comment
JoeF Posted March 4, 2015 Report Share Posted March 4, 2015 Yeah thats one thing i wanted to know, if the I140 RFE is pending response, can that be used for extension. No. THat's not an approval. Only an approved I-140 counts. Link to comment
susam Posted March 5, 2015 Author Report Share Posted March 5, 2015 Thanks for the confirmation Joe. Link to comment
susam Posted March 13, 2015 Author Report Share Posted March 13, 2015 My I140 has been approved. Thanks Ashu and Joe for responding to my queries. Link to comment
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