7th year extn while I140 progress.

[pra4pra]

Hi,

My priority Date is Feb 2012. I have visa approval until Sep 20, 2012. I have perm approval and I140 is in progress (got RFE and answered to RFE) waiting for decision.

i am not eligible to apply 7th year extn on Perm. I can get extension only with I-140 approval.

Now my doubt is, can i apply for extension as if i have i140 approval. First i get receipt number and then RFE for I140 approval submission. This process takes time, by that time i will have my 140 approval and i can answer.

I am trying to stay in USA with out leaving country.

Is this a possible? Can i apply for 7th year extension or not?

[US_H1_123]

No you cannot apply extension "as if" you have approved 140. It has to be approved 140 before you apply for an extension. Having said that your option is to change your 140 to premium (I assume even after RFE it can be done in premium) and wish it gets approved before sep 20th. And if it does then apply H1 extension before sep 20. once you do that then after sep 20 you are in legal status even if your H1 extension is pending but have been applied for.