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silkroute

Visa extensions after 6th year

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Happy Spring! I have been approved Form I-129, Form I-797, and Labor Condition Application for the green card process. My I-140 has a start date of Aug 2017 and is valid until 2020. The visa stamping has expired and I need to travel to India for a renewal. My questions arise primarily due to the changes in H1B rules:

1. Is it likely that the visa will be extended to 2020 too? How will recent changes in H1B visa rules impact the extension of the visa?

2. I am planning to go to India only for 4 weeks. Is it possible that the visa will not be processed during this period? 

Thank you so much for your help.

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I140 does not have a start or the end date. I am thinking you are talking about the H1B petition. If you are asking us whether you will get your visa or not, then no one here can answer that question. It depends on lots of factors like the company you are working for, the documentation, if you are FTE or working in layers etc. Also there is no guarantee that the visa processing will be completed within 4 weeks. If all your paperwork is in order and you are working for a good organisation then you should have no issues. Even then we cannot predict the visa processing timelines. You need to be prepared for any delays and inform your employer in advance.

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Thank you Giri and Pontevecchio for your replies. I meant H1B (not I140), sorry about the confusion. I wanted to know if the visa would be extended until 2020 since the petition is valid until then. Also, what is the likelihood of another extension after 2020. I work full time at a university.

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On 3/31/2018 at 10:54 AM, silkroute said:

Thank you Giri and Pontevecchio for your replies. I meant H1B (not I140), sorry about the confusion. I wanted to know if the visa would be extended until 2020 since the petition is valid until then. Also, what is the likelihood of another extension after 2020. I work full time at a university.

Nobody can tell you for sure. In theory if your paperwork is correct and you are FTE or have 3 years of paperwork in case of EC model, you should get a 3 year stamp until the validity of petition. Everything else is fair game. 

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