shibag Posted January 6, 2017 Report Posted January 6, 2017 My Perm(labor certification applied) is still in processing stage. My h1b extension(for 1 year) was applied in 5th year but I got 3 years of extension instead of 1 year i.e 6 years H1b limit. 1.can I stay in US through 1-140 is not approved( in h1b 6th year) since I-797 is valid for 3 years ? 2.If I go INDIA for stamping will I get visa for 3 years or is there a risk ? 3.If in case stamping is done for 3 years , will immigration officer in port of entry give 3 year of I-94 validity ? In case I may not get my i-140 approved within 6th h1b year , is it safe to stay in US since i-797 is valid or spend 3 or 4 months working from INDIA to capture some more extra time for i-140 approval. Thanks in advance
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