H1B extension after I-140 RFE

[arunka007]

Hi,

I am on my sixth year of H1B and my I-140 is filed. If I get an RFE, can I extend my H1B beyond six years?

Any assistance is highly appreciated.

Thanks,

Arun

[Attorney_22]

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.

[arunka007]

Thank you.

My PERM was filed when I had less than 365 days left in H1B, which means my I-140 will have to be approved in order for me to extend H1B beyond six years.

That said, what if my I-140 goes into RFE or is not processed at the point of my H1 expiry?

In such a scenario, will I be able to extend my H1 beyond six years?

[ven7782]

Yes you can extend your H1 for one year duration every year based on your PERM filing. If I-140 is approved then your H1 can be extended for 3 years.