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I140 approval after sixth year H1b expiry

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  • I140 approval after sixth year H1b expiry

    Hi,
    I?m in the 6th year of my H1b visa, which expires in October 2019. My employer is filing PERM but probably my I-140 will not be approved by October 2019. If I leave the US AFTER my H1b expires in October and wait until I-140 is approved, can my employer file for H1b extension based on approved I140? Will this be cap exempt? Or will I need to go through lottery?



    Alternatively, would it be advisable to leave the US BEFORE my H1b visa expires and wait for I-140 approval? Can I then get H1b visa extended based on approved I-140?

    Thanks in advance for help!!

  • #2
    Originally posted by vk.2019 View Post
    Hi,
    I?m in the 6th year of my H1b visa, which expires in October 2019. My employer is filing PERM but probably my I-140 will not be approved by October 2019. If I leave the US AFTER my H1b expires in October and wait until I-140 is approved, can my employer file for H1b extension based on approved I140? Will this be cap exempt? Or will I need to go through lottery?



    Alternatively, would it be advisable to leave the US BEFORE my H1b visa expires and wait for I-140 approval? Can I then get H1b visa extended based on approved I-140?

    Thanks in advance for help!!
    1. No. No. Yes you will have to go through the lottery.

    2. Yes. Yes. You should leave before your H1 expiry, so that you can ask for extension based on your approved I140 later. If you use up your H1B completely, there would be "nothing" to extend.
    Just an opinion; Not legal advice.

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