Suggestion requested..completing H1B 6th year..I-140 still in Initial review

[DKPK]

Hello,

I have filed I-140 under EB2 NIW in May 2012. My I-140 application is still in initial review as of FEB 2013. Iam completing my 6th year on H1b in May 2013. In this case..if i dont have an approved I-140, is it possible to extend my h1b visa for the 7th year or in any other work authorization visa like O1...

Please help me with this.

It is really stressful..What should I plan for? Should i make my mind and make plans to move to India or is there any other ways to extend the visa to stay in US and continue my JOB?

Thanks

DKPK

[Attorney_11]

An H-1B extension beyond the sixth year in one year increments can be requested if the PERM was filed one or more years before the end of six years and in three year increments if the individual is the beneficiary of an approved I-140 in a backlogged category. Also, I-140s based on PERM labor certs can be premium processed. To determine the best immigration option for a personal immigration matter, it is a good idea to schedule a consultation with a qualified immigration attorney.

[DKPK]

Thank you very much for your reply.

My case is usnder EB2 NIW...I did'nt file PERM (Permanent Labor Certification) and also there is no premium processing in this category. I directly filed I-140 under Advanced degree or exceptional ability requesting a National Interest Waiver

Exactly i can tell that my I 40 receipt notice date is May 30 2012 and my H1B 6th year extension is expiring on June 09 2013...In this case is it possible to file for one year extension based on the pending I-140 application. If so when it can be filed...do i have to wait until May 30 2013 and then file for H!B extension...will i have time to file H1 B extension even in premium processing

Thanks

DKPK

[JoeF]

You should discuss your situation with your lawyer (you have one, I hope; if not, get one.)

[txresearcher]

Unfortunately, if it is NIW, it has to be approved to avail the 3 year benefit. The 1 year benefit is only for I140 pending after PERM.

[Attorney_23]

Unfortunately, if it is NIW, it has to be approved to avail the 3 year benefit. The 1 year benefit is only for I140 pending after PERM.

Actually, the 1 year benefit is available for NIW cases. If the NIW case is filed before the start of the 5th year in H1B status, the foreign national would generally then be able to extend H1B status past the 6th year (in 1 year increments.)