H1 pending, 140 approved, can I amend H1?


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My Old petition expires on 04-Mar-2012.

My new H1 petition is pending with USCIS from Jan 2012 and this is to recapture my vacation days for two months starting Mar 2012.

In the mean while my I 140 got approved on 13-Mar-2012. Can this information amended to the pending H1 petition so that I get H1 at least for a year instead of just the vacation days.

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Generally, it is not possible to amend the H1B petition once it is pending. The beneficiary must be eligible for the benefit at the time of filing. Thus, one was not eligible for a three year extension at the time of filing, it would not be possible to supplement the petition while it is pending and instead must file an H1B extension petition. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case.

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