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H1 approved beyond 6 years without I140

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  • H1 approved beyond 6 years without I140

    My H1B 6 years max out is on Apr2021. I changed to a new employer during Oct 2020 and the H1 transfer is approved till end of 2023 which is beyond 6 years of my max out. My PERM process was filled on Nov 2020 and still in progress. For this scenario, am I legal to stay after Apr 2021?
    Please help to answer this question.

  • #2
    Hi,
    No. You are not allowed to stay in the USA beyond 6 years without I-140 Approval. USCIS may wrongly adjudicated your Ext. But, they can any time withdraw their decision in future. So, you will need to notify USCIS and/ or leave country within your time period.
    Thanks

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