I140 options

[shek2u]

Hi,

I have got RFE for my case. Though i didnt get the mail from USCIS yet reg. the RFE, I just want to know the options -

What if i'm not approved. can i re-apply for 140 again?

My 6-yrs period in my H1B gets over by Sept. So I dont have much time. Can i still apply for H1B extn. for one more year on the basis that my PERM was applied more than 1 yr ago.

[Worker11]

Yes. You can, only if your employer files I-485 petition for green card. When the documents are received by the USCIS and you get acceptance note, your employer can file for H1-B extension for one more year and then for one more year, if needed.

[shek2u]

I think i didnt make my question clear...

I was asking whether I can apply for 7th year extension in my H1B, if my I140 got denied?

Also Can i re-apply for I140 after it gets denied?

[Attorney_9]

In order to utilize the 365 day rule for 1 year extensions of H1B, the underlying Labor needs to remain valid, i.e. an I-140 was timely filed and is still pending, or an appeal was filed and is still pending.

Depending on the reason for the denial, that can determine whether it makes sense to re-file the I-140 rather than a motion/appeal.

Upon receipt of the RFE, you and your employer should speak with a competent immigration attorney who has the opportunity to review all of the relevant documents in order to provide a strategy for moving forwards.