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  • Perm approved and I-140 is pending

    Hi, I have applied labour end of the 5th year. It has approved middle of my 6th year. After that i have applied I-140 and cameback to india due to emergency. Now, My I-140 got query and my employer has responded the query. My I-140 is pending status now.
    My questions,
    1. when i asked my employer to come to US and apply for extension... they said wait for I-140 approval and then apply for extension will get 3years H1B visa extention? Is it possible to apply H1b ext?
    2. My H1b 6 years period will expire on Sep30th, 2014. I am in India right now. Is it possible , after expire my H1B visa to apply for 3years extension visa using I-140 approval??
    3. Shall i get stamping in india , if i get h1b exten?
    4. My 6years period has not yet completed, i came back to india before 3months to expire my visa. Shall i able to go for stamping for this 3months visa?

    Could you please provide me your suggestions?

    Thanks in Advance !!

  • #2
    Originally posted by gopal.voru View Post
    Hi, I have applied labour end of the 5th year. It has approved middle of my 6th year. After that i have applied I-140 and cameback to india due to emergency. Now, My I-140 got query and my employer has responded the query. My I-140 is pending status now.
    My questions,
    1. when i asked my employer to come to US and apply for extension... they said wait for I-140 approval and then apply for extension will get 3years H1B visa extention? Is it possible to apply H1b ext?
    2. My H1b 6 years period will expire on Sep30th, 2014. I am in India right now. Is it possible , after expire my H1B visa to apply for 3years extension visa using I-140 approval??
    3. Shall i get stamping in india , if i get h1b exten?
    4. My 6years period has not yet completed, i came back to india before 3months to expire my visa. Shall i able to go for stamping for this 3months visa?

    Could you please provide me your suggestions?

    Thanks in Advance !!
    1. Your employer is right. If your I140 has been approved then you can request for 3 Years extension, otherwise to get 1 Year extension you have to wait for PERM to be pending for at least 365 days.
    2. Only physical stay in US is calculated. and Yes, you can apply for new H1 based on your I140 approval.
    3. You have to.
    4. It is an option but advisable to wait for 365 days PERM pending at least to get a 1 Year H1.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Your employer is right. If your I140 has been approved then you can request for 3 Years extension, otherwise to get 1 Year extension you have to wait for PERM to be pending for at least 365 days.
      2. Only physical stay in US is calculated. and Yes, you can apply for new H1 based on your I140 approval.
      3. You have to.
      4. It is an option but advisable to wait for 365 days PERM pending at least to get a 1 Year H1.

      This is my opinion not legal advice.
      __________________________________________

      Thanks for your advice.
      I got I-140 approval on Dec 2014. I came back to India on June 2014. Due to that time, still i have 3months valid visa in my H1B.
      Now, i'm planning to go to US again.
      1. Is it right time to apply H1B extention with my approved I-140, because my previous H1B has been expired on Sep30th, 2014? Any how my 6 years period has not been completed, still 3months pending in my H1B?
      2. Otherwise, Do i need to wait for June 2015 to apply the H1B extenstion?
      Could you please suggust me, how best can i apply for H1B extenstion.
      Regards
      Gopal

      Comment

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