H1-B final year; I-140 application

[chummaid]

Hi

I am being firmly told by the Immigration office at my University that once i enter my final year of my h1-b (at the end of this month), USCIS will not adjudicate an I-140 application filed in EB1B (employment-based category). Their position is that it is USCIS regulation that once I enter my sixth year, an I-140/I-485 may no longer be filed for me.

However, I am unable to find this supported anywhere. All I can find is that in case I wish to apply for a 7th year extension of my H1B, I will not be able to do so because for that, I would have to have filed an I-140 one year before my H1B expires.

Thanks so much !!

Suresh

[txh1b]

Consult a lawyer. It is worth it in your case to evaluate all options carefully and go with the best option.

[chummaid]

thank you !!

i was hoping to find out if there *is* such a rule: that i-140s filed after entering the sixth year will be denied, ("not adjudicated upon")....

suresh

[DMX17]

thank you !!

i was hoping to find out if there *is* such a rule: that i-140s filed after entering the sixth year will be denied, ("not adjudicated upon")....

suresh

No rule.

An H-1 extension is only possible based on, in your case, an approved I-140. With an approved I-140, you can get 3 yr extensions till you get GC. You can still apply for an I-140, regardless how much time you have left on your H1.

Since your case is EB-1B, you should consult an attorney as txh1b suggested. Processing time for an I-140 EB1 (B) Outstanding Professor or Researcher is Current.