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I-140 NOID

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Priority date - April-2015

Category - EB2

RFE - Ability to pay & NOID - Education details.

Maxout - End of 2017, but H1B extension approved with validity till Sep-2018 based on the PERM approval. If in case of I-140 deny, Can I go with new PERM option? if yes, with that (once after the PERM approval) am I eligible to get H1B extensions? (because of the new PD will not satisfy 365 < Max_Out condition)

In case of the H1B transfer, USCIS consider the current approved I-797 end date or they consider the MaxOut date? 

Please provide the clarifications for the above points. Thank you!!

Best Regards, 

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Yes you can file for new PERM. But it will be hard to use it for next extension. It's a possibility that you may have to spend some short time outside USA. And come back once I140 is approved .

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