I-140 application deadline

[ashah5]

It is true that one has to put in a 1-140 application a year before the H1B is about to expire ?

[Attorney_22]

No, but to discuss your specific situation in detail it is advisable to speak directly with a qualified U.S. immigration attorney.

[stonecold_1981]

the reason why "1 year before H-1B is about to expire" is important is - you can get 7th year and beyond extensions on H-1B only if one of the following two conditions are met:

1. PERM was filed at least 1 year before the end of 6 yrs on H-1B OR

2. I-140 was approved before the end of 6 yrs on H-1B

 

In the absence of above, you have to exit the country (or transfer to another status) after 6 yrs max. on H-1B