H1b Extension After I140 Approval


After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. I am EB2 and had only I140 approved way back in Nov 2006. I am working for company A for last 4+ years. Her renewal is also due. If granted, the extension will last for three years, after which it must be renewed. We have an approved EB1 i140. There will be new cut off dates ( or as we call it Acceptance Cut off date ). Getting I-140 approved and filing for three-year H1B extension under AC21. Regular H1B Visa Processing. H1b extension denied i 140 approved. And what is 'H1 pending for 240 days rule'. H1b extension processing time continues to take roughly up to 15 days. down the line I140 needs to be filed. Perm got approved in March 2017. applying H1 this year; so gave all the docs and passport for H1 processing. If approved, they will then resume their nonimmigrant status. Discussion : Seventh Year Extension Issues. VISA/i94 expiring May 14th 2020, and got laid off yesterday. By the close of the 15 th day USCIS will issue an approval a denial or a Request for Evidence RFE. But employer could not file i140 soon. According to USCIS a person holding h1b visa can live in the USA for 240 days max after his/her i94 expires before h1b visa approval. H1b extension after i140 approval H1b extension after i140 approval. We are very happy that our I140 got approved and also received our H1 extension without any issues. Yes, especially if you come from a backlogged country. Could you please, let me know if there is a possibility for a new employer to apply for H1 extension with Cap exempt. But as a practical matter it is unlikely that USCIS will go back and revoke the H1B extension. However, an expired H1 is the same as not having a H1 right? In that case, let us do the following thought exercise: Instead of filing for H1B and going through the lottery, why not just file I140, and once it is approved, file for H1 extension. Is it possible to change employer and get 3 years. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. Now, with the new I140 rule which says that after 180 days of approval, even if employer ABC withdraws the I140, it would still remain to be active. Latest status in permchecker. Can employer B file for 1 year H1B extension after Dec. If approved, you will ofcourse continue your legal stay, if denied, you will have to leave the country immediately AC21 allows you to apply for h1b extensions again based on the approved i140, irrespective if you used up all 6 years of h1b. Good guidance. 3% in FY 2015 to 38% in FY 2018, and stood at 60% in the first quarter of FY 2019. In the mean time my I94 got expired. Is it possible to change employer and get 3 years. H1B extension is for extending stay within US with same employer. and resume employment. Since H1B is specialty and not particularly managerial role, USCIS can revoke your approved I140. Please ensure that your wife satisfies all requirements for the H4 visa. This means the documents may need to be sent to you while abroad. Kumar’s six years, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions. I found a new employer (XYZ) who will transfer my visa along with extension based on approved i140 for ABC. LC Validity and H1B Extension. Talked always Law point of view. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. By that time you can push your current employer to file your extension based on i140. Complete the DS-160 Form and print the confirmation page. ** Got approval after a long awaited 260 days with one RFE ** I was on H4 & my wife was on H1B My case. We have an approved EB1 i140. For this, the I-140 must remain valid until the H1B petition approval. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date. After waiting for 3 years for my visa number to be available and with no movement, I took an offer with Kforce and transferred my H1B in Dec 2017 and have my H1 valid till 2020(see approval notice I797 with Kforce). If your H1B visa extension petition is pending with USCIS for more than 240 days, you cannot work as per regulation after 240 days from expiration of your I-94, but you can stay in the country, USA, waiting for decision until USCIS makes a decision on your petition and your stay after 240-day mark is considered as authorized stay. You can use your I-140 priority date to port to new employer B. To avoid this situation you can apply your h1b visa extension case in premium processing. Background Dr. When you file transfer and if it gets approved, your stay is automatically extended based on the new expiry date that you get after transfer approval. Prompt response of every question through email without hurting to client. The H4 visa is dependent on the H1B spouse having a valid visa and sponsor, including any extensions of the visa period. Kumar’s employer could file an I-140 petition and request premium processing of that petition. 2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. Could you please, let me know if there is a possibility for a new employer to apply for H1 extension with Cap exempt. Please ensure that you have worked on the H1B visa for a period of 4-6months. In the mean time my I94 got expired. If you remain in your country and the priority date becomes current, you still won’t be able to file i14. This is true even if the H-1B worker has three years left in H-1B status, or has an approved I-140 petition and is therefore eligible for a full three years. Copy of Academic Evaluation of Foreign Degree, if available. Later, I did my H1b transfer to employer B in 2019 based on approved I140. 2) If I travel back to my home country before (ex:25th April 2017) H1B max-out date 4th May 2017, does it improve any chances for coming back to US when H1b extension (applied after I-140 approval) is approved. If the LC is approved quickly, then Mr. I have a three-year H1B extension (after seven years) filed by Company B based on an I140 approval by Company A. Copies of Transcripts from University Degrees. H1B Extension after PERM Approval but no I140. Hello, A big thanks to this community for helping out H1B folks in USA. VISA/i94 expiring May 14th 2020, and got laid off yesterday. I completed 5 years of my H1b validity and my H1b will expire in December 2009. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. You can file an H1B extension after 6 years easily with approved i140. H1b extension is due, my wife works on h4 EAD. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. My H1b extensions were taking place on approved I140 by employer A, my I140 got approved in 2013 from employer A. I'm not still eligible to apply for I-485 as the priority dates are not current now. Now go to US Travel docs site. Premium H1B Visa Processing. Since Trump came in power, H1b visa transfer and extension have become very difficult. I work for big Indian consulting company for a client which is one of the biggest Bank in World. 12 Although current practice suggests that an H1B worker in this situation might still be eligible for. H1b extension rfe after i140 approval H1b extension rfe after i140 approval. H1B extension less than 6 years with approved PERM: immi2010: Non-Immigrant Visa: 0: 03-03-2010 06:34 PM: I-140 approved but H1 extension denied: asali: Immigrant Visa: 1: 05-22-2009 04:27 PM: I140 approved 3 yr. When Form I-l40, the employment-based immigrant visa petition, is submitted to the CIS Service Center having jurisdiction over the intended area of employment, the petitioner is asked to indicate whether the beneficiary will opt for "consular processing" at an American Consulate overseas where s/he may apply for an immigrant visa, or will apply for Adjustment of Status (AOS) to permanent. Also I have I-140 approved in April 2013. Could you please list Software companies that sponsor H1 extension. Hi, I’ve I-140 approved in 2009 but, priority is not current. The 240 Day Rule should not be relied upon to guarantee the worker's reentry to the U. The H1B employee may also file to change to a different nonimmigrant status for which he or she is eligible. Labor certification processing has become pretty fast in recent years. Since I am from India, priority date never became current, so never filed I485 2014-2016: H1B, after extension. Form I-140 petition validity. You can use your I-140 priority date to port to new employer B. Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved. An H-1B whose approved I-140 petition was withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. com as on May 30, shows that the application filed on Apr 15 is approved as the latest update. We are very happy that our I140 got approved and also received our H1 extension without any issues. H1B Extension after PERM Approval but no I140. down the line I140 needs to be filed. If granted, the extension will last for three years, after which it must be renewed. Am currently awaiting for the official denial notice to get the details. Copies of University Diplomas. You state that "One does not have to meet the 365 day rule with an approved I-140. You can apply EAD for your wife. If the I-140 is approved before the end of Mr. but my I-140 approved more than 1. If you move to another company, the new one will have to initiate a new 1–140 application. Please start working on your approved H1 visa. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). If not now, 6 yrs. If approved, you will ofcourse continue your legal stay, if denied, you will have to leave the country immediately AC21 allows you to apply for h1b extensions again based on the approved i140, irrespective if you used up all 6 years of h1b. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. H-1B visas are generally limited to a 6-year maximum, after which the foreign national must reside and be physically present outside the United States for a period of one year before a new H-1B petition can be granted, according to 8 CFR 214. Have been with same employer since 2010. On DS-160 for question " Has anyone ever filed an immigrant petition on your behalf, Explain" - the answer will be "YES" , if you have an approved I140 or I140 receipt using which only you can get H1B renewal after 6 years. while the H1B extension is pending and within the 240 Day Rule, they will most likely have to wait outside the United States for the extension itself to be approved. 3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer) 4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar. The people who are stuck at the Labor Certification stage will not be eligible for such H-1B extension, since no I-140 or I-485 will be pending, no matter whether their priority date is older than 365 days or not. The worker should stay in the U. To avoid this situation you can apply your h1b visa extension case in premium processing. Can employer B file for 1 year H1B extension after Dec. get the i140 plus 6 months so that cannot be revoked. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. Form I-140 petition validity. H1B Extension after PERM Approval but no I140. There are several ways that you can receive an H-1B extension after 3 years: 1-Year H-1B extension; The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. You will have to remain in your country, and keep trying for H1B every year until. We have not yet applied for i485 as the priority date is not matched. , one typically could have another H1B petition filed on one’s behalf for consular notification. There will be new cut off dates ( or as we call it Acceptance Cut off date ). 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. Yes, if his I-140 petition is approved before this date. H1b handling times used to associate with 4 months. Premium H1B Visa Processing. Please ensure that your wife satisfies all requirements for the H4 visa. I have just got my H1B application approved in the latest round and am allowed to get it stamped only after October. My H1B extension was processed for premium processing on Sep 2018 and but got RFE. I140 approved, filing H1B transfer I have my I-140 approved with my employer A on Aug 2016. List of Required Documents for H-1B Renewal or Extension H1B Extension Documents Checklist for Applicant. com as on May 30, shows that the application filed on Apr 15 is approved as the latest update. Once approved, Eduardo can come back to the U. and resume employment. Could you please list Software companies that sponsor H1 extension. In the mean time my I94 got expired. H1B transfer after 6 years with I-140 approval My 6 years of H1B are completing on Dec 23, 2013. H1B extension less than 6 years with approved PERM: immi2010: Non-Immigrant Visa: 0: 03-03-2010 06:34 PM: I-140 approved but H1 extension denied: asali: Immigrant Visa: 1: 05-22-2009 04:27 PM: I140 approved 3 yr. I yet to change the name. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. If it is, then Ozzie’s employer can file an H-1B extension request based on the approved I-140 and the unavailability of visa numbers. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. " However, I have previously been told that in order for H1B to be extended beyond 6 years in this scenario, the priority dates must NOT be current. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status. 2019-current: H1B, after a third extension. -I got 9th H1B extension which is valid till Apr 2010 (As I know after Apr 2010 that I am not eligible to get extensions)-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of. Perm got approved in March 2017. Kumar’s employer could file an I-140 petition and request premium processing of that petition. That doesn't mean your extension might not be denied. I want to transfer my H1 to company B. Does Amazon file PERM and help with preparing new I140 after H1B transfer? I already have I140 from my previous company and my transfer is being filed with Amazon. H1b extension denied i 140 approved H1b extension denied i 140 approved. I have a three year H1B extension after seven years filed by Company B based on an I140 approval by Company A. When you do a H1B transfer by moving to a different company, the perm and I-140 have to be restarted. Extensions for current sponsors and positions are typically approved. Thanks for taking care of our immigration issues and addressing them in a timely manner. I want to transfer my H1 to company B. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. An H1B visa extension can be processed in three ways. Today, USCIS announced that they plan to resume Premium processing for both. After 3 years with the H1B visa, the employer might want to still keep the foreign employee in their company. Second, if the labor certification and I-140 are approved while in the sixth year, we can file for a three-year extension of the H-1B visa based on the approved I-140. If the employer has filed an I-140 Immigrant Petition as part of trying to obtain lawful permanent resident status (a green card) and the I-140 has been approved, an H1B extension can be filed. In addition, if the H1B worker leaves the U. Is it possible to change employer and get 3 years. October 2015 Visa bulletin has some big news. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. Earlier this year, USCIS suspended Premium Processing for FY 2021 H1B, including cap exempt petitions and I-140 petitions. applying H1 this year; so gave all the docs and passport for H1 processing. You can use your I-140 priority date to port to new employer B. So, you are safe for 240 days after your h1b visa expires. On DS-160 for question " Has anyone ever filed an immigrant petition on your behalf, Explain" - the answer will be "YES" , if you have an approved I140 or I140 receipt using which only you can get H1B renewal after 6 years. Form I-140 petition validity. Before your I140 can be approved you have to have your labor cert first THEN the I140. If approved, they will then resume their nonimmigrant status. Probably not. If it is, then Ozzie’s employer can file an H-1B extension request based on the approved I-140 and the unavailability of visa numbers. down the line I140 needs to be filed. applying H1 this year; so gave all the docs and passport for H1 processing. The H1B visa holder must also be in the process of seeking employment-based permanent residency in the US, or a ‘green card’. So if you have approved I140 you don't have to worry about quota or lottery. I have a approved I140 cert through Taaratech with the 2009 Nov priority date ported over( see I140 approval copy attached). Now my employer says, if we apply for H1b extension, we might loose our i140. I am working for company A for last 4+ years. Hoolahey is an Indian national currently in H-1B status. H1b extension after i140 approval. Extensions for current sponsors and positions are typically approved. And what is 'H1 pending for 240 days rule'. If you remain in your country and the priority date becomes current, you still won’t be able to file i14. Since your h1b visa has expired, It means you do no have valid I94. Am also aware based on the reasons of denial, we can file for MTR/Appeal the decision. ; With approved PERM and pending i140, you can only file a 1 year H1B extension and that too if PERM was filed 365 days ago. Once you get i140 approved. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. Getting I-140 approved and filing for three-year H1B extension under AC21. I filed for H4 and H4 EAD on March 20 along with H1B in Non premium processing. LC Validity and H1B Extension. Employer cannot revoke I-140 after 180 days of approval; New rule Jan-17-2017. VISA/i94 expiring May 14th 2020, and got laid off yesterday. There is something wrong with your situation or maybe you're a little confused. October 2015 Visa bulletin has some big news. I140 is approved and PD is August 2016. So, the first step toward eligibility is that the couple is in the US on an H1B visa. By the close of the 15 th day USCIS will issue an approval a denial or a Request for Evidence RFE. The people who are stuck at the Labor Certification stage will not be eligible for such H-1B extension, since no I-140 or I-485 will be pending, no matter whether their priority date is older than 365 days or not. 2)No Specialty Occupation Work Available. When Form I-l40, the employment-based immigrant visa petition, is submitted to the CIS Service Center having jurisdiction over the intended area of employment, the petitioner is asked to indicate whether the beneficiary will opt for "consular processing" at an American Consulate overseas where s/he may apply for an immigrant visa, or will apply for Adjustment of Status (AOS) to permanent. I want to transfer my H1 to company B. 2) If I travel back to my home country before (ex:25th April 2017) H1B max-out date 4th May 2017, does it improve any chances for coming back to US when H1b extension (applied after I-140 approval) is approved. Her renewal is also due. I140 approved, filing H1B transfer I have my I-140 approved with my employer A on Aug 2016. H1b extension rfe after i140 approval H1b extension rfe after i140 approval. The H1B visa processing from the U. mrmk June 1, 2019, 12:58am #1. On December,2018 I came to know about denial for H1B extension and I had to leave USA within 15 days after that. Copies of University Diplomas. H1B Extension Length. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). If the extension is approved while you are abroad, you must re-enter the US using that Approval Notice. The denial of an application is not final, if the decision of the denial is appealed and pending. An H-1B whose approved I-140 petition was withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. As you said you have an approved i140, I believe you would have been in the US at some point or presently in the US. In the mean time my I94 got expired. while the H1B extension is pending and within the 240 Day Rule, they will most likely have to wait outside the United States for the extension itself to be approved. If not now, 6 yrs. If you move to another company, the new one will have to initiate a new 1–140 application. So, you are safe for 240 days after your h1b visa expires. I recently got 3 year H1B extension. You can file an H1B extension after 6 years easily with approved i140. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. My PERM was filed on Apr 16. The H1B transfer bill approved in the senate and House (bill S. There are several ways that you can receive an H-1B extension after 3 years: 1-Year H-1B extension; The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. The H1B visa processing from the U. 485 Pending, EAD & H1B Extension 比较复杂的绿卡申请和转签证问题,求帮助 求教:能用approved EB1A I140来延6-yr H1B吗? EB1(B)的140貌似批了,然后怎么办? 485 A# 【approved] 哇哈哈哈, 极弱case, EB1-B I-140, non-pp, TSC H1B extension beyond 6 years 童鞋们,EB1-B 140批了. How Many Times May I Use AC21 to Extend My H1B. Am currently awaiting for the official denial notice to get the details. H1b extension rfe after i140 approval. If you have approved I140 you can basically keep extending the visa. You can use your I-140 priority date to port to new employer B. You will have to remain in your country, and keep trying for H1B every year until. Processing for these applications begins in April and continues till the end of October. If granted, the extension will last for three years, after which it must be renewed. The forum provides a platform for Indians worldwide to interact and communicate on wide range of topics that include Finance, Investments, Taxes, Dual taxation, Indian Real Estate markets, regional. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. 1 reply; 157. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. Copies of Transcripts from University Degrees. Kumar's six years, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions. This will be cap exempt. Could you please, let me know if there is a possibility for a new employer to apply for H1 extension with Cap exempt. Can it be further extended based on my previous approved petition which was with previous employer. Labor certification processing has become pretty fast in recent years. That doesn't mean your extension might not be denied. Employer Revokes i140 after H1B Transfer #1 I-140 revoked before approval. So what happens to the H1B extension, if your h1B expires before the new company restarts PERM and gets a new I140 approved?. The H1B visa rules allow an extension of another 3 years. I was with Employer A more than 180 days after my I140 was approved. I'm thinking to change the name once i receive my H1 approval and Do name change in passport, then do amendment to change the name in the visa papers. Once approved, Eduardo can come back to the U. ; With approved PERM and pending i140, you can only file a 1 year H1B extension and that too if PERM was filed 365 days ago. Ideally Eb1C should be filed under L1A coz that is the right visa. Hi, I’ve I-140 approved in 2009 but, priority is not current. Suppose if I receive the transferred-H1-Visa with validity just for 1 year, Do I need to get my PERM & I-140 approved within 1 year to extend further. As most of you know USCIS provides Premium Processing for many types of petitions like H1B, L1, etc. Extensions for current sponsors and positions are typically approved. After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. Yes, if his I-140 petition is approved before this date. If the LC is approved quickly, then Mr. I have H1B Visa, can my wife work in USA? No, your wife can not work if your visa status is h1b. The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). Copy of Academic Evaluation of Foreign Degree, if available. On DS-160 for question " Has anyone ever filed an immigrant petition on your behalf, Explain" - the answer will be "YES" , if you have an approved I140 or I140 receipt using which only you can get H1B renewal after 6 years. Is it possible to change employer and get 3 years. 2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. " However, I have previously been told that in order for H1B to be extended beyond 6 years in this scenario, the priority dates must NOT be current. I wish to go back and work again on H1 extension. Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved. When you do a H1B transfer by moving to a different company, the perm and I-140 have to be restarted. The H1B visa rules allow an extension of another 3 years. Q: After the denial of my I-140 application, can I apply for 7th-year H-1B extension? A: For H-1B 7th-year extension, such extension will be available until there is a final decision of the I-140 petition. Also, Mindtree Limited filed 272 with USCIS and 260 were approved and 12 were denied. You can use your I-140 priority date to port to new employer B. Everybody feels insecure. After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. So if you have approved I140 you don't have to worry about quota or lottery. H1b extension processing time continues to take roughly up to 15 days. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. According to the Cronin Memo (5/16/2000), an H1 or L1 nonimmigrant re-entering using AP will be in parole status, but is eligible for H or L extension. I completed 5 years of my H1b validity and my H1b will expire in December 2009. My current employer has not revoked I-140 yet and not willing to file an extension. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. Getting I-140 approved and filing for three-year H1B extension under AC21. Employer A filed perm for me on Dec 10th 2016. To stay in H1B status, the H1B employee may attempt to find a qualifying H1B employer to file a Form I-129 on his or her behalf in conjunction with an application for extension-of-stay [see H1B portability]. We have an approved EB1 i140. I have a three-year H1B extension (after seven years) filed by Company B based on an I140 approval by Company A. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. Now go to US Travel docs site. H1B was stamped again in 2016. arputhamsam (Raj) June 27, 2018, 2:01am #7 Thank you for the quick reply!. H1b extension rfe after i140 approval. Good guidance. When you file transfer and if it gets approved, your stay is automatically extended based on the new expiry date that you get after transfer approval. As per them there have been recent cases where I140 was revoked after approval when H1 extension was filed. I was with Employer A more than 180 days after my I140 was approved. Background Dr. You can extend the H1B for 3 years with an approved I-140. My 6 years on H1B expiry date was on April 25, 2017. I am working for company A for last 4+ years. 2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. I got 7th year of H1-B extension based of Labor filed 365 days prior to 6 year completion. Can it be further extended based on my previous approved petition which was with previous employer. For this, the I-140 must remain valid until the H1B petition approval. I wish to go back and work again on H1 extension. With approved i140, you are eligible to file 3 year H1B extension. Sreeram Chinta Received I140 Approval in January 2010. The H4 visa is dependent on the H1B spouse having a valid visa and sponsor, including any extensions of the visa period. If granted, the extension will last for three years, after which it must be renewed. Since your h1b visa has expired, It means you do no have valid I94. My PERM was filed on Apr 16. I'm not still eligible to apply for I-485 as the priority dates are not current now. The final rule clarifies the circumstances under which an approved Immigrant Petition for Alien Worker (Form I-140 petition) remains valid, even after the petitioner withdraws the petition or the petitioner's business terminates, including for purposes of status extension applications. My employer filed my H1 extenstion under premium process (this extension is after 6 years with an approved I-140), the application went to CSC. I-94 extension after passport renewal My i-94 has 'admit until' date of my old passport's expiry date of Sept 2020 although h1b visa expires next year. I am in the same boat. extension past the 6 years and then after mihird: Non-Immigrant Visas: 1: 07-09-2006 09:15 PM. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status. Return To India: r2iclubforums. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. I heard the same from my employer. VISA/i94 expiring May 14th 2020, and got laid off yesterday. Regarding H1B Extension based on approved i140 beyond 6 years H1 Posted: 15 Apr 2020 I came to USA on June 4th 2015 on employment with a Consulting Company lets name it as Company “A” , and current I-94 going to expire by this Aug 31, 2020 and also my I-140 got approved in 2017 March from same employer, Last week I got a full Time offer with One of the MNC and they are asking me to join on. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved. If the work order and/or end client letter indicate that the project will continue for one year or less, the H-1B petition will likely be approved for one year. So what happens to the H1B extension, if your h1B expires before the new company restarts PERM and gets a new I140 approved?. I have just got my H1B application approved in the latest round and am allowed to get it stamped only after October. You can use your I-140 priority date to port to new employer B. but my I-140 approved more than 1. However, an expired H1 is the same as not having a H1 right? In that case, let us do the following thought exercise: Instead of filing for H1B and going through the lottery, why not just file I140, and once it is approved, file for H1 extension. After 3 years with the H1B visa, the employer might want to still keep the foreign employee in their company. Currently, appealed the decision because needed to get H1 extension and case has reopened. Once i140 is approved, file H1B extension in consular processing while B2 is pending. Could you please, let me know if there is a possibility for a new employer to apply for H1 extension with Cap exempt. I-94 extension after passport renewal My i-94 has 'admit until' date of my old passport's expiry date of Sept 2020 although h1b visa expires next year. banking few days in 6th year max out for H1B Extension from India with I140 approved. Yes, especially if you come from a backlogged country. An I-140 approved for at least 180 days (even if subsequently revoked) through a company will allow any company to file H1B extensions indefinitely in the future and your priority date will be retained. Her renewal is also due. That is a diff topic. arputhamsam (Raj) June 27, 2018, 2:01am #7 Thank you for the quick reply!. The company that I'm working for currently has applied for my GC & my PERM and I-140 are approved. It would never be considered as a new H1b even after 6 years. Return To India: r2iclubforums. Does Amazon file PERM and help with preparing new I140 after H1B transfer? I already have I140 from my previous company and my transfer is being filed with Amazon. There are several ways that you can receive an H-1B extension after 3 years: 1-Year H-1B extension; The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date. I have approved petition till Nov 2015, However, I recently switched my employer and they got me a new Petetion till Dec 2014. H1B Extension After i140 Approval (with B2 COS Pending after 6-yr Max Out) File H1B to B1/B2 Change of status before 6th year max out. I filed my I 485 in June 2007 and got EAD and AP 1) What will be my status after Apr 30 2008. Ideally Eb1C should be filed under L1A coz that is the right visa. My employer filed my H1 extenstion under premium process (this extension is after 6 years with an approved I-140), the application went to CSC. Am currently awaiting for the official denial notice to get the details. Labor certification processing has become pretty fast in recent years. 2010: EB2 I140 approved. By the close of the 15 th day USCIS will issue an approval a denial or a Request for Evidence RFE. and resume employment. I am EB2 and had only I140 approved way back in Nov 2006. extension past the 6 years and then after mihird: Non-Immigrant Visas: 1: 07-09-2006 09:15 PM. There is a significant rule change affecting spouses of H1B visa workers who are allowed to seek a position while in the US with their spouse. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. i140 approval is not a legal status of stay, it is just a part of GC processing which will enable you to extend your H1B unlimited number of times till you become a permanent resident, which however, is subject to approval of your extensions. You can extend the H1B for 3 years with an approved I-140. I heard the same from my employer. Can employer B file for 1 year H1B extension after Dec. You can apply for EAD with approved I-140 based on your acceptance cut off date. Latest status in permchecker. An application for extension filed in this way will take about 3 months to be processed. Im on H1B with recent extension approved till 2021 and i also have my i140 approved. This can last up to a half year. 2)No Specialty Occupation Work Available. Hi, I’ve I-140 approved in 2009 but, priority is not current. I have H1B Visa, can my wife work in USA? No, your wife can not work if your visa status is h1b. Will it affect my new 3-year H1B status? There is no clear law on this. That will give you a cushion of good 3 years to search for a job, get transfer approved and then the new i140. AC-21's Impact on H-1B Professionals Who have filed I-140 and are Waiting for I-140 Approval. In any case, The U. Will I still be on H1 status, if not what will be my status. Am also aware based on the reasons of denial, we can file for MTR/Appeal the decision. H1b Extension Processing Time. Since your h1b visa has expired, It means you do no have valid I94. I140 H1B Extension, Transfer After 6 Years • USA. H1B extension is for extending stay within US with same employer. Processing for these applications begins in April and continues till the end of October. My PERM was filed on Apr 16. Hello, I am currently working for company A and here are my case details H1 filing date: 25th Sep 2017 I94 expiration date: 01st Oct 2017 I140 status: Approved H1 type (New, Extension, Transfer): Extension H1 filing type (Normal/Premium): Normal RFE issued date: 20th Dec 2017 RFE issued processing center: California RFE short explanation: Not available RFE reply date: Not replied yet Case. LC Validity and H1B Extension. My 6 year H1B expired, with I140 approved. your I140 cannot be approved if you're h1b is still being appealed or is pending. If it is, then Ozzie’s employer can file an H-1B extension request based on the approved I-140 and the unavailability of visa numbers. In limited circumstances, H1B visa status can be extended beyond 6 years if: The foreign national is the beneficiary of an approved I-140 petition. H1B status may be extended beyond six years in certain limited circumstances. 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. I want to transfer my H1 to company B. , one typically could have another H1B petition filed on one’s behalf for consular notification. Q: After the denial of my I-140 application, can I apply for 7th-year H-1B extension? A: For H-1B 7th-year extension, such extension will be available until there is a final decision of the I-140 petition. H1b extension is due, my wife works on h4 EAD. The forum provides a platform for Indians worldwide to interact and communicate on wide range of topics that include Finance, Investments, Taxes, Dual taxation, Indian Real Estate markets, regional. Hello, A big thanks to this community for helping out H1B folks in USA. According to the Cronin Memo (5/16/2000), an H1 or L1 nonimmigrant re-entering using AP will be in parole status, but is eligible for H or L extension. Copies of University Diplomas. Background Dr. That is a diff topic. I’m up for my renewal (post 6 years) in 2021 for which I need I140. What would be the best way to go from H1B to F1? Will it be an issue in change of status? Can we start the program while the change of status is pending, since it takes 11 to 12 months?. October 2015 Visa bulletin has some big news. Now my employer says, if we apply for H1b extension, we might loose our i140. Ideally Eb1C should be filed under L1A coz that is the right visa. Am currently awaiting for the official denial notice to get the details. My H1B extension was kept dragging and was not filed in time. So if you have approved I140 you don't have to worry about quota or lottery. ; With approved PERM and pending i140, you can only file a 1 year H1B extension and that too if PERM was filed 365 days ago. Yes, if his I-140 petition is approved before this date. Probably not. If your H1B visa extension petition is pending with USCIS for more than 240 days, you cannot work as per regulation after 240 days from expiration of your I-94, but you can stay in the country, USA, waiting for decision until USCIS makes a decision on your petition and your stay after 240-day mark is considered as authorized stay. H1b extension after i140 approval. Also I have I-140 approved in April 2013. If the LC is approved quickly, then Mr. I have a three year H1B extension after seven years filed by Company B based on an I140 approval by Company A. ; With pending PERM filed 365 days ago, your Employer can request 1 year extension for you before the end of. I140 H1B Extension, Transfer After 6 Years • USA. With approved i140, you are eligible to file 3 year H1B extension. So what happens to the H1B extension, if your h1B expires before the new company restarts PERM and gets a new I140 approved?. I am currently working with ABC on H1b and have an approved I140 from them. Kumar’s six years, he then would be eligible for a three-year extension of his H1B status based on the AC21 rule permitting three-year H1B extensions. Could you please, let me know if there is a possibility for a new employer to apply for H1 extension with Cap exempt. I have a three-year H1B extension (after seven years) filed by Company B based on an I140 approval by Company A. So, my question is, If my new I140 is approved during the transfer and my company decides to revoke it as I am moving out of the company, what happens to my old I140? Will it be invalid for H1B extension beyond 6 years or Can I still use my old I140 for H1B extensions beyond 6 years until my new company files one?. ** Got approval after a long awaited 260 days with one RFE ** I was on H4 & my wife was on H1B My case. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. but my I-140 approved more than 1. Your h1b extension based on approved i-140 needs to go before the expiry. If you move to another company, the new one will have to initiate a new 1–140 application. The worker should stay in the U. Question - while H1 transfer do I need to have 140 approval or 140 receipt# is sufficient?. In limited circumstances, H1B visa status can be extended beyond 6 years if: The foreign national is the beneficiary of an approved I-140 petition. Now go to US Travel docs site. When Form I-l40, the employment-based immigrant visa petition, is submitted to the CIS Service Center having jurisdiction over the intended area of employment, the petitioner is asked to indicate whether the beneficiary will opt for "consular processing" at an American Consulate overseas where s/he may apply for an immigrant visa, or will apply for Adjustment of Status (AOS) to permanent. You can file an H1B extension after 6 years easily with approved i140. My is last name change after marriage. Form I-140 petition validity. 1 reply; 157. I yet to change the name. Copies of University Diplomas. If the LC is approved quickly, then Mr. I have just got my H1B application approved in the latest round and am allowed to get it stamped only after October. Since Trump came in power, H1b visa transfer and extension have become very difficult. An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. As most of you know USCIS provides Premium Processing for many types of petitions like H1B, L1, etc. As most of you know USCIS provides Premium Processing for many types of petitions like H1B, L1, etc. I am working for employer B from my home country. If granted, the extension will last for three years, after which it must be renewed. This can last up to a half year. Hello, I am currently working for company A and here are my case details H1 filing date: 25th Sep 2017 I94 expiration date: 01st Oct 2017 I140 status: Approved H1 type (New, Extension, Transfer): Extension H1 filing type (Normal/Premium): Normal RFE issued date: 20th Dec 2017 RFE issued processing center: California RFE short explanation: Not available RFE reply date: Not replied yet Case. Background Dr. Can I recapture time periods outside the USA for purposes of H1B visa extension beyond six year initial. I work for big Indian consulting company for a client which is one of the biggest Bank in World. My employer filed my H1 extenstion under premium process (this extension is after 6 years with an approved I-140), the application went to CSC. H1b extension denied i 140 approved. 1 reply; 157. H1b extension rfe after i140 approval H1b extension rfe after i140 approval. So if you have approved I140 you don't have to worry about quota or lottery. 12 Although current practice suggests that an H1B worker in this situation might still be eligible for. , one typically could have another H1B petition filed on one’s behalf for consular notification. Premium H1B Visa Processing. Everybody feels insecure. Note that an approved 1–140 can be cancelled by your existing company. i140 approval is not a legal status of stay, it is just a part of GC processing which will enable you to extend your H1B unlimited number of times till you become a permanent resident, which however, is subject to approval of your extensions. Later, I did my H1b transfer to employer B in 2019 based on approved I140. Yes, especially if you come from a backlogged country. Hi Anil, I have a question related to H1 transfer & GC Process. 2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. The H1B visa processing from the U. Since Trump came in power, H1b visa transfer and extension have become very difficult. There are several ways that you can receive an H-1B extension after 3 years: 1-Year H-1B extension; The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. I am working for employer B from my home country. Processing for these applications begins in April and continues till the end of October. I work for big Indian consulting company for a client which is one of the biggest Bank in World. 485 Pending, EAD & H1B Extension 比较复杂的绿卡申请和转签证问题,求帮助 求教:能用approved EB1A I140来延6-yr H1B吗? EB1(B)的140貌似批了,然后怎么办? 485 A# 【approved] 哇哈哈哈, 极弱case, EB1-B I-140, non-pp, TSC H1B extension beyond 6 years 童鞋们,EB1-B 140批了. My 6 year H1B expired, with I140 approved. If I transfer my H1 to another employer B, My employer A would withdraw my approved I-140. VISA/i94 expiring May 14th 2020, and got laid off yesterday. applying H1 this year; so gave all the docs and passport for H1 processing. Can I recapture time periods outside the USA for purposes of H1B visa extension beyond six year initial. My is last name change after marriage. 3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer) 4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar. Also I have I-140 approved in April 2013. Note that an approved 1–140 can be cancelled by your existing company. H1b extension after i140 approval. That will give you a cushion of good 3 years to search for a job, get transfer approved and then the new i140. 3% in FY 2015 to 38% in FY 2018, and stood at 60% in the first quarter of FY 2019. Please ensure that you have worked on the H1B visa for a period of 4-6months. With approved i140, you are eligible to file 3 year H1B extension. To stay in H1B status, the H1B employee may attempt to find a qualifying H1B employer to file a Form I-129 on his or her behalf in conjunction with an application for extension-of-stay [see H1B portability]. Hello, I am currently working for company A and here are my case details H1 filing date: 25th Sep 2017 I94 expiration date: 01st Oct 2017 I140 status: Approved H1 type (New, Extension, Transfer): Extension H1 filing type (Normal/Premium): Normal RFE issued date: 20th Dec 2017 RFE issued processing center: California RFE short explanation: Not available RFE reply date: Not replied yet Case. As you said you have an approved i140, I believe you would have been in the US at some point or presently in the US. I140 approved, filing H1B transfer I have my I-140 approved with my employer A on Aug 2016. The employer can immediately prepare and file the I-140. In limited circumstances, H1B visa status can be extended beyond 6 years if: The foreign national is the beneficiary of an approved I-140 petition. An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. I am EB2 and had only I140 approved way back in Nov 2006. 2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. I have approved petition till Nov 2015, However, I recently switched my employer and they got me a new Petetion till Dec 2014. I have a three year H1B extension after seven years filed by Company B based on an I140 approval by Company A. Now my employer says, if we apply for H1b extension, we might loose our i140. The H1B visa processing from the U. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. H1B extension is for extending stay within US with same employer. Good guidance. Am also aware based on the reasons of denial, we can file for MTR/Appeal the decision. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. When Form I-l40, the employment-based immigrant visa petition, is submitted to the CIS Service Center having jurisdiction over the intended area of employment, the petitioner is asked to indicate whether the beneficiary will opt for "consular processing" at an American Consulate overseas where s/he may apply for an immigrant visa, or will apply for Adjustment of Status (AOS) to permanent. Hi, I’ve I-140 approved in 2009 but, priority is not current. You state that "One does not have to meet the 365 day rule with an approved I-140. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. October 2015 Visa bulletin has some big news. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. We presently have a few clients on the 10th or 11th year of H1B visa status. down the line I140 needs to be filed. On DS-160 for question " Has anyone ever filed an immigrant petition on your behalf, Explain" - the answer will be "YES" , if you have an approved I140 or I140 receipt using which only you can get H1B renewal after 6 years. If the employer has filed an I-140 Immigrant Petition as part of trying to obtain lawful permanent resident status (a green card) and the I-140 has been approved, an H1B extension can be filed. If the I-140 is approved before the end of Mr. Hoolahey is an Indian national currently in H-1B status. I got 7th year of H1-B extension based of Labor filed 365 days prior to 6 year completion. Since H1B is specialty and not particularly managerial role, USCIS can revoke your approved I140. That doesn't mean your extension might not be denied. H1B with approved I-140 after maxing our all 6 years By Approved I140, got less than 1 year extension instead of 3 years By AmitG12, May 15. Today, USCIS announced that they plan to resume Premium processing for both. Please ensure that your wife satisfies all requirements for the H4 visa. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). I got 7th year of H1-B extension based of Labor filed 365 days prior to 6 year completion. If granted, the extension will last for three years, after which it must be renewed. Sreeram Chinta Received I140 Approval in January 2010. Ideally Eb1C should be filed under L1A coz that is the right visa. Employer A filed perm for me on Dec 10th 2016. com as on May 30, shows that the application filed on Apr 15 is approved as the latest update. So what happens to the H1B extension, if your h1B expires before the new company restarts PERM and gets a new I140 approved?. i140 approval is not a legal status of stay, it is just a part of GC processing which will enable you to extend your H1B unlimited number of times till you become a permanent resident, which however, is subject to approval of your extensions. applying H1 this year; so gave all the docs and passport for H1 processing. My 6 years on H1B expiry date was on April 25, 2017. I dont have 140 approval with me but I have 140 # with me. Assuming it is approved, it should be possible to apply for an H1B visa “stamp,” and then return in H1B status. Later, I did my H1b transfer to employer B in 2019 based on approved I140. Also, Mindtree Limited filed 272 with USCIS and 260 were approved and 12 were denied. If the I-140 is approved before the end of Mr. So, the first step toward eligibility is that the couple is in the US on an H1B visa. If the I-140 is approved before the end of Mr. We are very happy that our I140 got approved and also received our H1 extension without any issues. If you are NOT in US: 1. Premium H1B Visa Processing. You state that "One does not have to meet the 365 day rule with an approved I-140. Am a bit unclear about an option, I have been reading on the internet. This is true even if the H-1B worker has three years left in H-1B status, or has an approved I-140 petition and is therefore eligible for a full three years. I need to go to India in June and return on July 10'th- 1 day before F1 visa expires. You can file an H1B extension after 6 years easily with approved i140. An H-1B whose approved I-140 petition was withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. H1B Extension with Approved i140, B2 is Pending after 6-year Max Out • USA File H1B to B1/B2 Change of status before 6th year max out. 2019-current: H1B, after a third extension. If you have approved I140 you can basically keep extending the visa. H1b Extension Processing Time. H1b extension rfe after i140 approval. H1b extension after i140 approval H1b extension after i140 approval. The denial of an application is not final, if the decision of the denial is appealed and pending. There will be new cut off dates ( or as we call it Acceptance Cut off date ). If approved, you will ofcourse continue your legal stay, if denied, you will have to leave the country immediately AC21 allows you to apply for h1b extensions again based on the approved i140, irrespective if you used up all 6 years of h1b. For this, the I-140 must remain valid until the H1B petition approval. Please suggest. H1b extension processing time continues to take roughly up to 15 days. This is the flow : STEP 1 - H1B. H1B Extension After i140 Approval (with B2 COS Pending after 6-yr Max Out) File H1B to B1/B2 Change of status before 6th year max out. Hi, I’ve I-140 approved in 2009 but, priority is not current. After the initial 6 years on H1B is done, we extend h1B by using an approved I-140. So, my question is, If my new I140 is approved during the transfer and my company decides to revoke it as I am moving out of the company, what happens to my old I140? Will it be invalid for H1B extension beyond 6 years or Can I still use my old I140 for H1B extensions beyond 6 years until my new company files one?. If you are NOT in US: 1. An I-140 approved for at least 180 days (even if subsequently revoked) through a company will allow any company to file H1B extensions indefinitely in the future and your priority date will be retained. Ideally Eb1C should be filed under L1A coz that is the right visa. But now as my layoff is announced, H1B extension cannot be filed by same employer?. Hello, A big thanks to this community for helping out H1B folks in USA. Therefore between July 11'th (end of F1 visa) and October (stamping of H1), I will be in the US without a valid visa but with a valid OPT. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. Am currently awaiting for the official denial notice to get the details. Latest status in permchecker. As per them there have been recent cases where I140 was revoked after approval when H1 extension was filed. H1b extension after i140 approval H1b extension after i140 approval.

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