Can I extend my H-1B while waiting for a decision on refiled I-140?


Concord

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Hi,

 

My labor was filed in Feb 2013 and approved in Sept 2013. My company filed my I-140 in premium processing and it was denied. The reason stated was ability to pay.  We refiled another I-140 in premium in December. But the USCIS rejected PP request and it is now in normal processing.

 

My H-1B expires in May 2014.  Am I eligible to extend my H-1B for a year while I wait on the refiled  I-140 decision? Also, has anyone else been in similar situation? How long does the refiled I-140 decision process take?

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Hi,

 

My labor was filed in Feb 2013 and approved in Sept 2013. My company filed my I-140 in premium processing and it was denied. The reason stated was ability to pay.  We refiled another I-140 in premium in December. But the USCIS rejected PP request and it is now in normal processing.

 

My H-1B expires in May 2014.  Am I eligible to extend my H-1B for a year while I wait on the refiled  I-140 decision? Also, has anyone else been in similar situation? How long does the refiled I-140 decision process take?

Based on approved PERM you will get 1 years extensions.

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