- My labor is filed on [[10-Jan-2014]] and received approval in Aug 2014.
- Filed I-140 in Oct 2014 and received RFE and we have responded to RFE in Jan 2nd 2015 and case status is still pending.
My H1B visa (total six year including re-capturing days) is ending by Feb 2nd 2015.
I would like to know if I can apply for one year H1B ext on [[10-Jan-2015]] based on Labor is approved and I-140 is still pending?
VishalI-140 is already in premium and most likely it going to be rejected so my plan is to get one year H1B ext based on approved eb2 Labor after 365 days and then re-process the entire GC in eb3 category.
yes you can get a one year extension just based on LC being filed at least 365 days before you reached your 6 year limit on H. However, if you pay for premium on your I-140 and get that approved you can then file for a 3 year H-1b which is what I would do.
You can obtain the H-1b extension beyond the 6 year limit based on your approved PERM that was filed a year ago this month. If your FORM I-140 is approved, your employer can request for a 3 year extension of the H-1B.
Yes, your employer can file for a one year extension of your H-1B status based on your having been in the permanent residence process for at least 365 days.
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