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H1b extension based on I140 approval

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  • H1b extension based on I140 approval

    Can i apply for an H1B extension based on an approved I140 if I have exhausted my 6 years and outside the country currently?

  • #2
    No. You do not have H1 time left to extend. So you cannot file for an extension.
    Just an opinion; Not legal advice.

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    • #3
      Thanks for your response. If I leave a few weeks before the H1B expires, will it buy me time?

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      • #4
        Originally posted by s_ingenium View Post
        Can i apply for an H1B extension based on an approved I140 if I have exhausted my 6 years and outside the country currently?
        I'm not sure I agree with scientist2016. Unfortunately I'm no expert. However this is what my lawyer told me in the past. See source here: https://www.usavisanow.com/h-1b-visa...wal-extension/

        EB2 - National Benefits Center (I-485/I-765/I-131)
        PD: 10/19/2018
        Biometrics NOA: 11/09/2018
        Biometrics Appt: 11/26/2018
        Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
        Combo card (I-765/I-131) approved: 05/03/2019
        Combo card (I-765/I-131) received: 05/10/2019

        Comment


        • #5
          Originally posted by Spaniard88 View Post

          I'm not sure I agree with scientist2016. Unfortunately I'm no expert. However this is what my lawyer told me in the past. See source here: https://www.usavisanow.com/h-1b-visa...wal-extension/

          Good point Spaniard88.
          However, an expired H1 is the same as not having a H1 right? In that case, let us do the following thought exercise: Instead of filing for H1B and going through the lottery, why not just file I140, and once it is approved, file for H1 extension. If not now, 6 yrs. down the line I140 needs to be filed. So why not do it at the very beginning and take the entire lottery process out of the equation? People do not do that, since AC21 does not work the way you alluded to. AC21 can help extend your H1B, the keyword being extend, which means you should have a valid H1 to extend in the first place.
          Just an opinion; Not legal advice.

          Comment


          • #6
            Originally posted by scientist2016 View Post

            Good point Spaniard88.
            However, an expired H1 is the same as not having a H1 right? In that case, let us do the following thought exercise: Instead of filing for H1B and going through the lottery, why not just file I140, and once it is approved, file for H1 extension. If not now, 6 yrs. down the line I140 needs to be filed. So why not do it at the very beginning and take the entire lottery process out of the equation? People do not do that, since AC21 does not work the way you alluded to. AC21 can help extend your H1B, the keyword being extend, which means you should have a valid H1 to extend in the first place.
            Agree if the H1B is expired there's nothing you can do. But I was pointing this AC21 rule because s_ingenium said after your message that :

            "Thanks for your response. If I leave a few weeks before the H1B expires, will it buy me time?"

            So I assume he still has time on his H1B right? If that was the case I think you can extend again if you have an approved I-140.
            I don't know if I'm missing anything here.
            EB2 - National Benefits Center (I-485/I-765/I-131)
            PD: 10/19/2018
            Biometrics NOA: 11/09/2018
            Biometrics Appt: 11/26/2018
            Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
            Combo card (I-765/I-131) approved: 05/03/2019
            Combo card (I-765/I-131) received: 05/10/2019

            Comment


            • #7
              Originally posted by Spaniard88 View Post

              Agree if the H1B is expired there's nothing you can do. But I was pointing this AC21 rule because s_ingenium said after your message that :

              "Thanks for your response. If I leave a few weeks before the H1B expires, will it buy me time?"

              So I assume he still has time on his H1B right? If that was the case I think you can extend again if you have an approved I-140.
              I don't know if I'm missing anything here.
              I agree, if there is time left on H1B, then an extension is possible.
              Just an opinion; Not legal advice.

              Comment


              • #8
                If I leave a few weeks before the date of H1B expiration and wait till I-140 is approved, will I still be able to apply for H1B extension?

                Comment

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