H1B extended to 7th year before I-140


AKS85

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Posted

Hi,

 

While moving to another employer last year, I got my H1 transfer approval till Dec 2020 even though my 6 year maxes out in Dec 2019 (with recaptured time outside the US). I got the transfer approval in April 2018 and joined the new employer in May 2018.  The new employer started my GC process and I now have an approved I-140 as of couple of weeks ago. 

 

The question is: Given that I now have an approved I-140 (before the 6 years expiry in Dec 2019), do I really need to file an extension assuming Dec 2019 as max out date even though I have approval till Dec 2020 (Dec 2020 date on I797 approval notice, stamped visa and entered by CBP officer at port of entry)?

 

Would appreciate any advise. I don't want to unnecessarily file an extension now given that I have the approved/stamped visa till Dec 2020.

 

Thanks,

AKS85

 

  • 1 month later...
Posted

Your employer should have an attorney that takes care of the routine extensions. Have you asked them for advise? H1 extension should be your employer's headache, so it is best to bring it up with them and seek advise.

  • 1 month later...

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