H1b renewal year 7

[Kirtanak]

Hi

My H1b is due for renewal in Oct 2012. I 140 is not yet approved although labor is. Any advice?

Thanks

[shervin143]

Was your PERM filed 365 days prior to the end of your 6th year on H1B? If yes, then the 7th year extension is possible. If not, it is not possible without an approved I-140. In such case, it is advisable to upgrade I-140 to premium and get the result within 15 days.

Hi

My H1b is due for renewal in Oct 2012. I 140 is not yet approved although labor is. Any advice?

Thanks

[Kirtanak]

Thanks Sherwin 143. Here's some more info. H1 b started in August 2005. H1b expires oct 2012 which will be 7 yrs. I had a previous I 140 approval from my previous employer. My new employer filed labor in April 2010 but the I 140 has become subject to special review and the USCIS is not giving any more info on it...

Thanks for your input..

[shervin143]

Well, in that case you can file extension based on the approved PERM & Pending I-140. Why can't you try and upgrade the I-140 to premium and get the result within 15 days?

Thanks Sherwin 143. Here's some more info. H1 b started in August 2005. H1b expires oct 2012 which will be 7 yrs. I had a previous I 140 approval from my previous employer. My new employer filed labor in April 2010 but the I 140 has become subject to special review and the USCIS is not giving any more info on it...

Thanks for your input..

[Kirtanak]

I guess thats what I will have to do. I suppose if I140 runs into problems then I would get only 1 year extension of the h1b?

[shervin143]

Yes. If I-140 gets denied, then extension is not possible. Better to file the H1B extension first based on the pending I-140 and then worry about the I-140 later.

I guess thats what I will have to do. I suppose if I140 runs into
problems then I would get only 1 year extension of the h1b?

[Kirtanak]

So whats the earliest I can apply for h1b renewal?

[shervin143]

6 months from your I-94 expiry date.

So whats the earliest I can apply for h1b renewal?

[Kirtanak]

What if there is an RFE on I140. Would that affect my chances for renewal?
Thanks

[shervin143]

No. Only a rejection of I-140 will cause issues with your extension.

What if there is an RFE on I140. Would that affect my chances for renewal?
Thanks

[Kirtanak]

Just found out that my Labor petition was filed for my most recent employment only in Dec 2010(My first h1b was approved in Aug 2005). My I 140 is still pending and undergoing special review. Planning to upgrade to premium. My previous employer I 140 was approved.

Anything else I need to do?
Thanks

[shervin143]

You are eligible to apply a 1 year extension based on the approved PERM & pending I-140.

Just found out that my Labor petition was filed for my most recent employment only in Dec 2010(My first h1b was approved in Aug 2005). My I 140 is still pending and undergoing special review. Planning to upgrade to premium. My previous employer I 140 was approved.

Anything else I need to do?
Thanks