anir123456 Posted April 15, 2016 Report Share Posted April 15, 2016 Hi All, My regular H1B extension is in progress (filed on 11th March). My i-140 got approved (14th April) in the interim. 6 year maxout on H1B is on 1st July (including recapture). Perm was filed in Oct '15. My company immigration folks are advising me to convert the regular H1B extension to premium, get it approved and then file another H1B in premium based on the approved i-140. Does this approach sound correct or do we have any other alternatives? Important Dates: Perm filed : Oct '15 6 year maxout (including recapture): 1st July '16 Current i-94 / H1B expired: 31st March '16 Regular extension filed: 11th March '16 i-140 approved: 14th April Thanks Quote Link to comment
anir123456 Posted April 18, 2016 Author Report Share Posted April 18, 2016 Looking for your kind advise friends. Quote Link to comment
pontevecchio Posted April 18, 2016 Report Share Posted April 18, 2016 By Immigration team , do you mean the lone paralegal or an actual Lawyer? Secondly they pay for it. So a double PP should not cause financial loss to you. Quote Link to comment
anir123456 Posted April 19, 2016 Author Report Share Posted April 19, 2016 Thanks for your response pontevecchio. This is a big desi IT firm. Sadly there is no transparency on the crendtials of the immigration team so I would not be able to comment on the first part. While double premium doesn't hurt it does increase the chance of an RFE by some factor (am I wrong in assuming this?). I have a follow up question also - Since my I-140 is already approved, do I still need to have my H1B extension approved completely for staying beyond the 6 year max out. Or just filing the 2nd H1B (based on approved I-140) is fine and would automatically give me the 240 day grace beyond the current expiration? Quote Link to comment
anir123456 Posted April 20, 2016 Author Report Share Posted April 20, 2016 Any takes on my question ? Quote Link to comment
anir123456 Posted April 21, 2016 Author Report Share Posted April 21, 2016 Can someone please help on my question ? Quote Link to comment
anir123456 Posted April 21, 2016 Author Report Share Posted April 21, 2016 Folks / mods, Please help with my query. Quote Link to comment
pontevecchio Posted April 21, 2016 Report Share Posted April 21, 2016 I take it you mean they are asking you to pay? Otherwise you are aware the company files your extension and not you. In any case they are not going to listen to you? correct? Each petition will be dealt with as usual. This should not cause a problem. Quote Link to comment
anir123456 Posted April 24, 2016 Author Report Share Posted April 24, 2016 Since my I-140 is already approved, do I still need to have my H1B extension approved completely for staying beyond the 6 year max out. Or just filing the 2nd H1B (based on approved I-140) is fine and would automatically give me the 240 day grace beyond the current expiration? Quote Link to comment
pontevecchio Posted April 25, 2016 Report Share Posted April 25, 2016 All the company Lawyer has to do is reference your I-140 approval and ask for a 3 year extension. Why are you even involved? It is just paperwork. Quote Link to comment
anir123456 Posted April 26, 2016 Author Report Share Posted April 26, 2016 All the company Lawyer has to do is reference your I-140 approval and ask for a 3 year extension. Why are you even involved? It is just paperwork. Thanks, the company lawyer will file the extension on my behalf. All I want to know is can they file this without premium processing also. Given that my 6 year max out will happen soon, does the 240 day grace period still apply? In other words am I eligible to stay in the US on H1B, beyond the 6 year max out if I have a regular extension filed before the 6 year maxout? Important Dates: Perm filed : Oct '15 6 year maxout (including recapture): 1st July '16 Current i-94 / H1B expired: 31st March '16 Regular extension filed: 11th March '16 i-140 approved: 14th April Thanks Quote Link to comment
pontevecchio Posted April 26, 2016 Report Share Posted April 26, 2016 PERM date is immaterial. Amendment to the H1 extension filed on 11th March to include the I-140 approval in PP by a Lawyer is needed. Everything else is immaterial. Quote Link to comment
anir123456 Posted April 27, 2016 Author Report Share Posted April 27, 2016 PERM date is immaterial. Amendment to the H1 extension filed on 11th March to include the I-140 approval in PP by a Lawyer is needed. Everything else is immaterial. Thanks. Amendment wasn't filed.The regular H1B extension was upgraded to premium instead. Lawyers plan to file one more extension (this time with the approved i-140) once the regular extension gets approved in premium. My question is does this 2nd extension need be in premium? If not filed in premium can I still stay in the US for at-least 240 days on the basis of a pending extension filed with USCIS, even though my 6 year maxout date (1st July '16) would have passed? Quote Link to comment
anir123456 Posted April 29, 2016 Author Report Share Posted April 29, 2016 Any takers? Thanks! Quote Link to comment
pontevecchio Posted April 30, 2016 Report Share Posted April 30, 2016 How does it matter? How does it affect you? Are you trying to save 1250 USD for the second PP? Quote Link to comment
anir123456 Posted May 3, 2016 Author Report Share Posted May 3, 2016 I am not paying for anything. I am worried about my legal status after my 6 year max out :) Will just filing the H1B extension before 6 year max-out be a sufficient condition to allow me to stay for atleast 240 days in the US beyond the maxout? Quote Link to comment
pontevecchio Posted May 3, 2016 Report Share Posted May 3, 2016 Yes. In any case you mention both H1 petitions will be in PP. Either you are approved or denied. It will not drag along for 240 days. Quote Link to comment
Matpro Posted May 5, 2017 Report Share Posted May 5, 2017 Hi anir123456 Can you please let me know what you did and how did it went through for your case. I am in the same boat now. 1) Did you filed new H1B extension with I140 approval(having the regular extension in progress) 2) Did you filed your H1b in PP? Awaiting your response! Thanks Quote Link to comment
nkad Posted June 12, 2017 Report Share Posted June 12, 2017 Hi, I am in a similar situation. Since PP is frozen at this time, my employer responded to my RFE and included my 140 approval with it. I hope that will give me 3 years or atleast 1 year, since PERM was approved. Can anyone give your thoughts on this? Important dates - 6 year H1 expires June 2017 H1 amendment file Feb 2017 I140 approval March 2017 RFE recieved May 1st, 2017 RFE responded with 140 approval notice May 31st, 2017 Question - For how much time will my h1b extended to? Your response is hugely appreciated Quote Link to comment
pradpart Posted June 20, 2019 Report Share Posted June 20, 2019 Hi Nkad, I am in a same kind of situation.Can you kindly share ,if USCIS considered the approved I140 submitted during RFE. Based on that did you get extension beyond the regular 6 year max out? Any one's suggestion is highly appreciated! Thanks! Quote Link to comment
JRP Posted July 16, 2020 Report Share Posted July 16, 2020 Hi Anir12345, nkad, Pradpart, I am in the same situation. Could you please advise what you have done. H1B max out is Aug 20 2020 H1B extension filed on Apr 28 2020 still pending. I-140 approved on July 15 2020 Thank you Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.