H1B extension with I-140 in parallel


Rakesh O

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Hi,

Thanks for your time reading my question.
I have a H1B extension filed for recapture time which is valid until October 2019. This is in progress, no decision yet.

In the meantime, I have received I-140 approval.

In order to continue my stay after Oct, I have below question:
Can another extension be filed with approved I-140 in parallel to extension filed for recapture time (before its decision)?

OR 

Can approved I-140 be interfiled into pending I-129 for recapture time ?


Please advise. Thank you!

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On 9/20/2019 at 7:34 AM, Rakesh O said:

Hi,

Thanks for your time reading my question.
I have a H1B extension filed for recapture time which is valid until October 2019. This is in progress, no decision yet.

In the meantime, I have received I-140 approval.

In order to continue my stay after Oct, I have below question:
Can another extension be filed with approved I-140 in parallel to extension filed for recapture time (before its decision)?

OR 

Can approved I-140 be interfiled into pending I-129 for recapture time ?


Please advise. Thank you!

Please approve

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Its a complicated situation, if you have a valid I94 then you can file for a new H1 application and mention i140 to get 3 years extension. Why did they not file yours with approved Perm which will give you 1 year after your 6th year? 

Talk to the attorney who filed your case they should be able to answer as you have already have them for your current case thats pending. 

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On 9/20/2019 at 10:34 AM, Rakesh O said:

Can another extension be filed with approved I-140 in parallel to extension filed for recapture time (before its decision)?

Your employer's attorneys should know this. Yes, you can and should file a i140 based new petition and request 3 years of extension. You can also get it filed in premium.

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