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    1.Can we file for the annual H-1B extension on the basis of approved LCA or wait for 365 days since labor filing if I -140 is not approved or wait till I -140 approval for the filing H-1B extensionn?
    2.Any idea as to when the I-140 premium processing is going to start again?

    Thanks

  • #2
    You can file for H1-B extension

    You can file for H1-B extension irrespective of LCA is approved or pending.
    You are eligible for H1-B extension only if your LCA application was filed more than 365 days before the expiry of your H1-B term.
    In other words USCIS will not give H1-B extension (if you applied for it) if your LCA application was filed less than one year before the end of your original H1 term.

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