My 6-year H1B status will expire at the end of September 2018. No I-140 petition has been filed yet. I may have the option of recapturing 28 days. For EB1 category, Final Action Date for my country is 01 June 2016 while the Date for Filing is current.
1.) Is it possible for EB1 I-140 petition to be approved before Final Action Date is current?
2.) If such petition is approved (before end of H1B status + possible 28 days recapture) is it possible to extend the H1B or get an EAD to remain in the US and continue working?
I-140 processing time depends on filing (regular vs. premium) and not on the visa availability per the State Department visa bulletin.
I-140 approval allows for extension of H1B status beyond six years. EAD will be issued only with filing adjustment of status application, which can be filed only if the priority date is current.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
1. Whether a FORM I-140 requesting the EB-1 can be processed within a predetermine period of time is unknown. You can , however, view the official processing times in the USCIS website. You can then extrapolate the information contained therein with the information presented in the Visa Bulletin.
2. Whether a petition for the H-1B will be (a) approved and (b) within a certain time is also unknown. You can discuss this matter with the petitioning employer's immigration attorney.
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