I-140 pending and i-94 expiring


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Hi all, Please advise.

I have my Labor approved on June 30 2014 with PD Jan 10th 2014.
My company applied in premium processing for I140 under EB2 on July31st, got an RFE tax related documents from employer and replied to RFE on Aug 19th 2014 it is still under reveiw as of today.

but my question is my i-94 is going to Expire on Aug 27 2014, with the recapure time my 6 years will complete some time in Jan 2015. with I-140 pending will it put me in status or should attorney file an extension for the remainder of the 6 years?

please advise. what should be doing on my case.


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You should be talking to the Lawyer and asking him what the next steps are. In any case there is 6 year extension, only three years at a time.

Hi I am.not sure if I follow,

I know I will get 3 year extension once my 140 is approved but right now it is pending and i94 is expiring.. with recapture time I still have 5 months on 6 years of h1b... at this point shoukd lawyer be doing extension for remainder of 6 years??

Please adivse..

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