H1B Extension based on approved Labor Certification and pending I 140 application


kamal.218@gmail.com

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Kindly suggest me on H1B and I 140 pending concern of mine.

 

My Labor certification application / priority date is in FEB 2013. 

 

6 years of my stay in the U S was completed in the month of June 2013. 

 

My Labor Certification / PERM was approved in the month of August 2013. 

 

I 140 was applied for in the month of October 2013 and I believe it's status is pending still.

 

I had to apply for M1 student visa to extend my stay in the US beyond June 2013. It was approved in the month of September 2013. 

I came to India in the month of November 2013 hoping to go back to the US on M1 visa but it was REJECTED in the month of December 2013 in the Indian Consulate.

 

I believe H1B extension for a year can be applied for after FEB 2013 based on the approved PERM / Labor certification and the pending I 140 application. Am I correct? Can I hope to work in the USA again on H1B based on the existing Green Card application process? Thanks.

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Kindly suggest me on H1B and I 140 pending concern of mine.
 
My Labor certification application / priority date is in FEB 2013. 
 
6 years of my stay in the U S was completed in the month of June 2013. 
 
My Labor Certification / PERM was approved in the month of August 2013. 
 
I 140 was applied for in the month of October 2013 and I believe it's status is pending still.
 
I had to apply for M1 student visa to extend my stay in the US beyond June 2013. It was approved in the month of September 2013. 
I came to India in the month of November 2013 hoping to go back to the US on M1 visa but it was REJECTED in the month of December 2013 in the Indian Consulate.
 
I believe H1B extension for a year can be applied for after FEB 2013 based on the approved PERM / Labor certification and the pending I 140 application. Am I correct? Can I hope to work in the USA again on H1B based on the existing Green Card application process? Thanks.

 

How did you expect to get a student visa when you have completed 6 years of stay on H1B and an I-140 petition filed showing immigration intent?

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