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  1. #1
    Join Date
    Feb 2018
    Posts
    2

    Default When Should You Apply for an H1b Extension

    Hi Friends

    I have my H1B till Sept 2018 and I140 Approved. Now I have below options with pros and cons , need your advise which one should I choose.

    1) File extension now On premium if for whatever reason it gets Rejected I can look for any other employee to file H1B based on my approved I140

    2)File towards the end of the Visa that way I can stay in US for some additional day irrespective of the decision of H1B extension

    Hope on any of the above scenarios there will be no impact on my GC processing.

    Please note i will be completing my 6th year in Sep 2018

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Should You Apply for an H1b Extension

    I assume you meant "employer" not "employee" in question #1. Your I-140 is immaterial at another employer.

    There's not much point in #2. While you can stay pending a decision, once you're declined, you're illegal presence runs back to when you would have been had you not made the application.

  3. #3
    Join Date
    Feb 2018
    Posts
    2

    Default Re: When Should You Apply for an H1b Extension

    Thanks flyingron for your quick response

    Reg #1 Yes you are correct i meant employer

    So do you mean any other employer can't use my I140 to file extension ? I was under the impression any company can file an extension ( even after completion of 6 year ) based on a Approved I 140 ( irrespective who have filed the I140 )

    Can you please clarify on this

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: When Should You Apply for an H1b Extension

    Quote Quoting subi1
    View Post
    Thanks flyingron for your quick response

    Reg #1 Yes you are correct i meant employer

    So do you mean any other employer can't use my I140 to file extension ? I was under the impression any company can file an extension ( even after completion of 6 year ) based on a Approved I 140 ( irrespective who have filed the I140 )

    Can you please clarify on this
    It would be much better for you to get a consult with a local immigration attorney.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Should You Apply for an H1b Extension

    Again, you I-140 only applies to the employer who applied for it. You can start over with a different employer. You can skip certain steps, but your I-140 you have is tied to your specific job, specific employer.

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