I140 pending

[madhavid]

Hello All,

I have noticed that for most of the I140 application applied at Texas center the current receipt date is 5 May 2020. I had applied for NIW in April 2020 at Texas center, my current receipt date is 12 June 2019, its same since July 2020, it does not move. When I applied the estimated time range was 5-8 month, now its 18 month. So does anybody have any idea. Why ?

My visa will expire in July 2021 I am worried as I have completed my 6 years on H1B non profit. I had called USCIS, but they say my case is in normal processing time. I am not eligible for I140 premium processing as my NIW is self petition. Nor I can apply for concurrent I485 as its not current. 

What other option do I have.  

[Zodiac System]

Check with your attorney.  When you file for H1b extension, on form I-129 you have a question,  if an immigration petition has been filed for this beneficiary, and the receipt number for the same, which your employer/attorney will have to reply truthfully.  This should help your situation.

Edited December 31, 2020 by Zodiac System

[madhavid]

can I apply for extension ? I will be completing 6 years on academic H1B visa in July 2021

[pontevecchio]

Based n an I-140 pending more than 1 year, one is entitled to one year extensions of H1.

[madhavid]

Hello Sir,

Could you please let me know who will apply for extension.

My employer immigration team says, since they have not filled for PERM, they cannot provide an extension.

Is the 1 year extension applicable for NIW, if yes, could you advice where is it mentioned on USCIS website. I read on the website if PERM is approved and pending i140, you can only file a 1 year H1B extension