H1 B extension with approved 1-140 in 6th year

[Vijayak]

Hi All,

I have a question regarding extension of visa with an approved I-140 before reaching the 6 year H1 limit. My visa is currently valid until May 2017 but I'll be reaching the 6 year limit of my H1 in Mar 2018. I have my GC process initiated and waiting for i-140. With an approved I-140 when I have to apply for extension on my visa in 2017,

will I be eligible for a 3 year extension
Or
will I be granted an extension until my 6 year limit is reached (Mar 18) and once reached I would be eligible for a 3 year extension?

Please advice.

Thanks.

[Vijayak]

Has anyone been through such situation or does anyone have any idea of what the extension period will be.

Thanks

[raghvi]

Has anyone been through such situation or does anyone have any idea of what the extension period will be.

Thanks

Its actually neither. I797 will be extended upto the duration requested by the employer. In your case if employer asks for 3 Years and provides I140 copy, you should get the I797 approved for 3 Years.

This is my opinion not legal advice.