Regular H1B extension in progress / i-140 approved / maxing out soon


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Hi All,

 

My regular H1B extension is in progress (filed on 11th March). My i-140 got approved (14th April) in the interim. 6 year maxout on H1B is on 1st July (including recapture). Perm was filed in Oct '15.

 

My company immigration folks are advising me to convert the regular H1B extension to premium, get it approved and then file another H1B in premium based on the approved i-140. Does this approach sound correct or do we have any other alternatives?

 

 

Important Dates:

 

Perm filed : Oct '15

6 year maxout (including recapture): 1st July '16

Current i-94 / H1B expired: 31st March '16

Regular extension filed: 11th March '16 

i-140 approved: 14th April

 

 

Thanks

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Thanks for your response pontevecchio. This is a big desi IT firm. Sadly there is no transparency on the crendtials of the immigration team so I would not be able to comment on the first part.

While double premium doesn't hurt it does increase the chance of an RFE by some factor (am I wrong in assuming this?).

I have a follow up question also -

Since my I-140 is already approved, do I still need to have my H1B extension approved completely for staying beyond the 6 year max out. Or just filing the 2nd H1B (based on approved I-140) is fine and would automatically give me the 240 day grace beyond the current expiration?

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All the company Lawyer has to do is reference your I-140 approval and ask for a 3 year extension. Why are you even involved? It is just paperwork.

 

Thanks, the company lawyer will file the extension on my behalf. All I want to know is can they file this without premium processing also. Given that my 6 year max out will happen soon, does the 240 day grace period still apply? In other words am I eligible to stay in the US on H1B, beyond the 6 year max out if I have a regular extension filed before the 6 year maxout?

 

Important Dates:

 

Perm filed : Oct '15

6 year maxout (including recapture): 1st July '16

Current i-94 / H1B expired: 31st March '16

Regular extension filed: 11th March '16 

i-140 approved: 14th April

 

Thanks

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PERM date is immaterial. Amendment to the H1 extension filed on 11th March to include the I-140 approval in PP by a Lawyer is needed. Everything else is immaterial.

 

Thanks. Amendment wasn't filed.The regular H1B extension was upgraded to premium instead. Lawyers plan to file one more extension (this time with the approved i-140) once the regular extension gets approved in premium.

 

My question is does this 2nd extension need be in premium? If not filed in premium can I still stay in the US for at-least 240 days on the basis of a pending extension filed with USCIS, even though my 6 year maxout date (1st July '16) would have passed?

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  • 1 year later...

Hi anir123456

Can you please let me know what you did and how did it went through for your case. I am in the same boat now. 

1) Did you filed new H1B extension with I140 approval(having the regular extension in progress)

2) Did you filed your H1b in PP?

Awaiting your response!

Thanks

 

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  • 1 month later...

Hi, 

I am in a similar situation. Since PP is frozen at this time, my employer responded to my RFE and included my 140 approval with it. I hope that will give me 3 years or atleast 1 year, since PERM was approved. Can anyone give your thoughts on this?

Important dates - 

6 year H1 expires June 2017
H1 amendment file Feb 2017
I140 approval March 2017
RFE recieved May 1st, 2017
RFE responded with 140 approval notice May 31st, 2017


Question - For how much time will my h1b extended to?

 

Your response is hugely appreciated

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  • 2 years later...
  • 1 year later...

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