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Apply for I140 with only 8 months remaining for h1b to expire

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  • Apply for I140 with only 8 months remaining for h1b to expire

    Hi
    My h1b visa is about to expire in 8 months.
    Can I apply for i140 now ?
    Is there a minimum amount of time before your visa expiry to apply for i140 ?
    Please suggest
    Thanks.

  • #2
    Nope no minimum time. I140 application and visa are two unrelated things. However, if you want to extend your H1 beyond the allotted 6 yr. you would want to have either an approved I140 or the PERM pending for more than the specified duration. Hence, people tend to start their I140 process an yr. or so before their visa expiry. But there is no minimum visa time period left required for I140. In-fact your employer can process your I140 even if you are not in the US.
    Just an opinion; Not legal advice.

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