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  • H1-b extention approval

    My i-140 petition pending with uscis

    now i am applying h1-b extension in premium processing.

    Since my i-140 petition is pending, uscis will approve h1-b extention in premium processing ?

  • #2
    Premium processing has nothing to do with your pending I-140 or any stage of pending GC for that matter. What exactly are you trying to ask?
    Are you filing the extension beyond the 6th year based on the approved PERM? If yes, was your PERM filed 365 days prior to the end of the 6th year on your H1B?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Premium processing has nothing to do with your pending I-140 or any stage of pending GC for that matter. What exactly are you trying to ask?
      Are you filing the extension beyond the 6th year based on the approved PERM? If yes, was your PERM filed 365 days prior to the end of the 6th year on your H1B?
      I am filing h1-b extention beyond seven years.

      Once my I-140 DENIED due to wrong category filing

      Now again filed I-140 with correct category

      Since my H1-B get expired in May-12, I want to file H1-B in premimum processing.

      My understanding is since I-140 IS PENDING THERE SHOULD NOT BE PROBLEM IN GETTING ONE YEATR h1-b EXTENTION

      PL. ADVISE IF I AM RIGHT.

      Comment


      • #4
        You did not answer my previous question. Was your PERM filed 365 days prior to the end of your 6th year on H1B? If no,then you are not eligible for the 7th year extension unless I-140 gets approved. There is a premium processing for I-140 that will get you the result within 15 days. Once I-140 gets approved, you can request a 3 year extension.

        Originally posted by MEENU6318 View Post
        I am filing h1-b extention beyond seven years.

        Once my I-140 DENIED due to wrong category filing

        Now again filed I-140 with correct category

        Since my H1-B get expired in May-12, I want to file H1-B in premimum processing.

        My understanding is since I-140 IS PENDING THERE SHOULD NOT BE PROBLEM IN GETTING ONE YEATR h1-b EXTENTION

        PL. ADVISE IF I AM RIGHT.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          You did not answer my previous question. Was your PERM filed 365 days prior to the end of your 6th year on H1B? If no,then you are not eligible for the 7th year extension unless I-140 gets approved. There is a premium processing for I-140 that will get you the result within 15 days. Once I-140 gets approved, you can request a 3 year extension.
          YES, PERM filed 365 days prior to end of 6 th year.

          Comment


          • #6
            Originally posted by MEENU6318 View Post
            YES, PERM filed 365 days prior to end of 6 th year.
            (1) PERM filed 365 days prior to 6 th year

            (2) Based on this I GOT 7 TH YEAR H1-B EXTENTION

            (3) THIS 7 TH YEAR EXTENTION NOE EXPIRING ON MAY-2012

            (4) IN THE MEAN TIME MY I-140 GOT DENIED DUE TO LAWYER MISTAKE OF SELECTING WRONG CATEGORY

            (5) NOW I-140 AGAIN FILED WITH CORRECT CATEGORY

            (6) 8TH YEAR EXTENTION FOR H1-B FILED TODAY.

            (8) SINCE I-140 IS PENDING, CAN I GET 8TH YEAR H1-B EXTENTION OR I NEED TO RETURN TO INDIA IN MAY -2012 ??

            Comment


            • #7
              You are eligible for 1 year extension based on the pending I-140. But it is not advisable to take a chance. Wait for a month and if you don't get a response on your H1B extension, upgrade it to premium and get the result within 15 days.

              Originally posted by MEENU6318 View Post
              (1) PERM filed 365 days prior to 6 th year

              (2) Based on this I GOT 7 TH YEAR H1-B EXTENTION

              (3) THIS 7 TH YEAR EXTENTION NOE EXPIRING ON MAY-2012

              (4) IN THE MEAN TIME MY I-140 GOT DENIED DUE TO LAWYER MISTAKE OF SELECTING WRONG CATEGORY

              (5) NOW I-140 AGAIN FILED WITH CORRECT CATEGORY

              (6) 8TH YEAR EXTENTION FOR H1-B FILED TODAY.

              (8) SINCE I-140 IS PENDING, CAN I GET 8TH YEAR H1-B EXTENTION OR I NEED TO RETURN TO INDIA IN MAY -2012 ??
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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