H1B approval(>6 yrs) with prev i140

[Ricky27]

Hello,

I had finished my H1B term(6yrs) and filed for an extension recently. I got my H1 filing receipt # on Oct 5th 2012.

My PERM (9 months old) with CURRENT employer went for an AUDIT and i have valid i140 from my PREVIOUS employer.

My attorney says that i can get 3 yrs extension based on previous 140. But i doubt him.

Q1) What are the chances for my H1B approval for 1 yr or 3 yrs?

Q2) To avoid RFE's is it a good idea to go Premium Processing at this stage?

Appreciate your response.

Thanks

[pontevecchio]

"My attorney says that i can get 3 yrs extension based on previous 140. But i doubt him."

He does not deserve you. He happens to be right and in any case why in hades would you second guess a Lawyer?

[Ricky27]

Hello,

I doubt him because i got only 1 year extension last time during H1B transfer when i was having 3 full yrs term with my prev employer.

As i dont have any recapture time, is it a good idea to go to Premium Proc for my H1b transfer as people say that under Premium the chances of approval are more.

[luck2u]

I doubt him because i got only 1 year extension last time during H1B transfer when i was having 3 full yrs term with my prev employer.

Though you have 3 years left over on original 6 years of H1B, now a days USCIS is approving H1B based on the project length we submit for H1B transfer/extension. In that case if you have submitted paper work which has one year contract you may received 1 year extension rather than 3 years.

As i dont have any recapture time, is it a good idea to go to Premium Proc for my H1b transfer as people say that under Premium the chances of approval are more.

Premium Processing doesn't mean that you will get your approval irrespective of the documentation we provide to USCIS. As you are out of your original 6 years H1B period it is safe to go for Premium Processing to get the decision sooner rather than waiting for 3-4 months and more sometimes.

[Ricky27]

Thanks Luck2u for the answers.