I-140 Advise Needed

[dinum]

Hello,

 

My H1B visa expires on August 2016 and recently my PERM was approved. I'm confused whether to go with I-140 premium or normal processing. If I get my I-140 approved in premium and ,say, get it approved in 15 days, can I ask my employer to immediately apply for 3 year extension, even though I have valid H1B extension till August 2016.

 

Thanks!

[vkris]

It' always better to get your I-140 approved. It depends on your situation whether to go with I-140 premium or normal. If your spouse is willing to work, then get it on premium so that you can apply for H4 EAD immediately or else you can go on normal processing which usually takes 3-6 months. So by the time you get your I-140 approved on normal mode, who knows you should be in a position to apply for EAD and AP for yourself based on the revised visa bulletin system.

 

Period of H1B extension on I-140 approval depends on USCIS. Even if your employer requests for 3 years, USCIS may extend only for 2 years. So we can't say that. But it's always better to get I-140 approval soon. 

[jairichi]

You can ask but why would any employer file a H1B extension when your current one is valid till August 2016?

[sagi85]

Your employer will be eligible to file for h1 extension only 6 months prior to the expiration date