Filing I-140 during H1-B Extension and I-94 expired

[Hema Reddy]

Hi,

I am a H1-B worker and currently working on H1-B extension receipt (I-94 expired couple of months back). Last week, my PERM labour got approved. Can my employer apply for I-140 now? Or, should wait till H1-B extension is approved? Thank you.

[pontevecchio]

The employer can file an I-140 now.