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I140 vs. H1B?

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  • I140 vs. H1B?

    Dear Friends

    My I797 (H1B) of CURRENT Employer is valid till 4th week of Feb, 2010.I am currently working on a project with an end client (with a vendor company in the middle between the end client and my employer).This project is slotted to go through Oct end or max till 2nd week of Nov, 2009.

    I have my PERM labour approved iN last week of April, 2009 and currently my I140 has been filed (CURRENT Employer ) with Notice Date being June 16,2009 ((it is not approved till yet)

    1. If (hypothetically tommorrow (i.e 07/27/09)my I140 is approved) then i decide to go ahead and file for H1B renewal in August Last week 2009, then what documents/ what do i have to provide to USCIS to show them that i have a I140 approved and they need to issue me 3 years (and not less). Can the USCIS deny me H1B renewal even though my I140 has been cleared (please answer this)


    2. Since i have H1B time till Feb last week 2010 (prior to requiring to get renewal done) looking from the economic trend, recession, would it be beneficial not to apply for renewal in August end 2009 but wait till (say JANUARY next year 2010) hoping that economy mite improve and USCIS might become a little more relaxed. But if i apply in January 2010, i might not be having a project.

    3. If i apply for H1B renewal (after my I140 is approved) then will i be applying for the H1B renewal on my PERM Labour Certification, means would i not have to get a new I129 (pardon my ignorance )


    11. For my H1B renewal, do i send first hand itself send end client letter, SOW etc..etc... to USCIS (along with my H1B Renewal application) so that they do not take time to send RFE first then i take time to respond then they decide on it....

    I would be extremely grateful to all of your knowledgeable, judicious responses since these things are giving me sleepless nights (as many of my personal family decisions are based upon this H1B renewal)

    Thanks in advance to all

    Helpman78

  • #2
    1. If the H1b is approvable, then it will be extended for 3 years. There is no mandatory rule to extend H1b just because the I140 is approved. The H1b employer/employee must meet the criteria for approval.
    2. Economy has got nothing to do with renewal. As long as you have a real job and are getting paid, the renewal will go through fine. Project or not, you need to be paid all the time.
    3. I129 is the basic form for H1b and it has to be filed including the labor certification for H1b.
    4. All the documents supporting the renewal should be included to avoid unnecessary RFEs and delays.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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