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Delayed H1B-Extension: waiting for I140

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  • Delayed H1B-Extension: waiting for I140


    My friend is in the following situation. Your
    advice/viewpoint is appreciated:

    ____I140 (GC) application is in progress. Most probably
    will get approved in next 3 months.

    ____H1B is due to expire in next 15 days.

    ____His Question:
    Can he delay the extension of his H1B till the time
    his I140 is approved. This way he will be able to
    extend for 3 years and not just for 1 year.
    Once again, he wants to extend his H1B after 3
    months and not in next 15 days.

    ____My personal opinion:
    H1B once expired can not be extended



  • #2
    Your friend must apply for an extension based on the approved labor. The labor must have been filed at least 365 days before the final H1 end date. One cannot stay and work on an expired I-94 without filing for an extension.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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