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I-140 approved. H1 Extention

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  • I-140 approved. H1 Extention


    I will be completing 4 years out of 6 years H1B period by september 2009. My employer will apply for my H1B extension in september 2009 itself.Will i get three years extension based on my approved I-140 if at all extended with out any problem? Or will get only the remaining 2 years from my 6 year H1B period.

    Thanks ,

    I appreciate your response.

  • #2
    This might help. Good luck

    Last edited by guruduttusa; 10-12-2009, 09:10 AM. Reason: Did further research and found answer


    • #3
      There was earlier guidance that a H1b user has to first exhaust the full 6 year term before getting any benefits due to pending labor or I140 approval.

      In the recent memo, USCIS has relaxed the rule and is allowing for a 3 year extension (provided the labor and other criteria are met) if the I140 is approved going over the 6 year total.

      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.