H1B Extension Question

[deepapuri]

Hi,

My husband's H1b is getting expired in august 8th, he applied for I 1-140 through premium, if we receive I -140 after August 8th, can his H1b extension be filled ?
If in case he needs to leave the country on 8th, can his H1b extension still applied? Will he get H1 approval without I-94 after that? Or he needs to wait for 1 more year to apply for New H1b through H1b cap?


Thanks,
Deepa

[cyanide]

Hi,

My husband's H1b is getting expired in august 8th, he applied for I 1-140 through premium, if we receive I -140 after August 8th, can his H1b extension be filled ?
If in case he needs to leave the country on 8th, can his H1b extension still applied? Will he get H1 approval without I-94 after that? Or he needs to wait for 1 more year to apply for New H1b through H1b cap?


Thanks,
Deepa

if your husbands perm has been applied 365 days before the expiration date, then you are good to apply for an extension irrespective of I140.

This is not a legal advice, it is my opinion.

[deepapuri]

response

No his Processes started in sept 2012 onwards.