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Can we get 3 years extension using I140 before completing 6 years?

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  • Can we get 3 years extension using I140 before completing 6 years?

    Hi,

    Currently, I have completed 5 years in H1 and existing I797 expiring by next month and need to apply for extension. My I140 got approved last month.
    Can I apply for extension for 3 years using approved I140 ? or I must finish 6 years first by extending for remaining 1 year and then only we can use I140 to extend for another 3 years ?

    Thanks.

  • #2
    Originally posted by aaplesla View Post
    Hi,

    Currently, I have completed 5 years in H1 and existing I797 expiring by next month and need to apply for extension. My I140 got approved last month.
    Can I apply for extension for 3 years using approved I140 ? or I must finish 6 years first by extending for remaining 1 year and then only we can use I140 to extend for another 3 years ?

    Thanks.
    Nope you can file for an extension. How much extension time to grant is at the discretion of USCIS. In other words, there is neither a guarantee that you will get a 3 yr. extension even after 6 yrs. nor a rule that you will have to complete 6 yrs. to get a 3 yr. extension.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      Nope you can file for an extension. How much extension time to grant is at the discretion of USCIS. In other words, there is neither a guarantee that you will get a 3 yr. extension even after 6 yrs. nor a rule that you will have to complete 6 yrs. to get a 3 yr. extension.
      Thank you.

      Comment

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