Labor Approval on H1B expiration

[kamy]

Hello

I have only one month left on my H1B visa to complete its 6 years.My labor has been approved but I-140 is just filed but not yet approved. Please advice can I get extension in US on labor approval. I heard on labor approval get extension of 1 year.

Please advice.

Thanks

Kimy

[Attorney_22]

If you have not already done so, it is advisable to upgrade your I-140 to premium processing. Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, an I-140 petition filed on a beneficiary’s behalf in the first three employment categories must be approved and that beneficiary must be eligible to adjust status but for the per country limitations before the beneficiary is eligible for a post six year extension, or alternatively, if 365 days have lapsed since the filing of a labor certification (unexpired and unrevoked) or an immigrant visa petition on the beneficiary’s behalf. If you have further questions regarding these issues please contact a qualified U.S. immigration attorney directly.