H1B administrative processing and I-140 approved

[mayur.jain]

Hi ,

My H1B visa stamping put into administrative processing on Jan'19 and still going on. I will exhaust my 6 years in August, it looks very slim chance to approve. But I also have my I-140 approved recently. Now I am not sure how to proceed.

• What happens to existing H1B administrative processing post August.
• Will my old H1B of any use ?
• Can We apply a fresh H1B based on I-140 approval and leave the old H1B as is?

Thank you so much in advance,
Mayur

[scientist2016]

1. You can recoup any time (from the 6 yrs.) that you were not in the US. It looks like you have atleast 8 months (Jan to Aug) to recoup. So, nothing happens to your H1 petition.
2. Yes. You can file for extensions based on that petition (cap exempt), until your I140 PD becomes current and you become eligible to file for a GC.
3. You can always file for a fresh H1. However, you will have to go through lottery. Also, in order to qualify for the lottery you should have spent atleast an year outside the US after the last time you were present in the US.