Will I be eligible 1 year extension (I-140 Refiled, H1B term ends in 01/2014)

[pakavaram]

Hi Folks,

My first filing of I 140 was denied, attorney refiled it (oct 2012, PERM date arpil 2011)), its still under initial review, company is planning to file backup PERM through a sister company.

Learnt from forums that refile of I 140 normally takes time, since my H1B 6th year ends on 01/31/2014, will i be eligible for 1 year extension based on refiled I 140.

Really appreciate views & suggestion regarding this.

Thanks,

Kumar

[Attorney_25]

A 1-year H-1B extension can be filed if there was a labor certification or I-140 filed at least 365 days prior, and there is no final decision on the GC process. If there is a second I-140 pending based on the prior PERM, then there is no final decision. The H-1B may be extended.

[Concord]

Hi,

 

I'm in the same situation.  My labor was filed in Feb 2013 and approved in Sept 2013.  We subsequently filed my I-140 9in PP) that got denied for ATP.  We refiled another I-140 in premium processing in December hoping we could get a response, but the USCIS is rejecting request for PP.

 

Am I'm eligible to extend my H-1B while I wait for my refiled I-140 decision?

 

Kumar - I would like to know what happened with your case. Thanks.