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H1B extension with pending I-140

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  • H1B extension with pending I-140

    Here is my scenario:

    My H1B expires on 6/3 - maxed out 6 years. LC PERM has been approved in January and I have a pending I-140 that has been filed in late March. My attourney has filed today for a 1-yr H1B extension to bridge the gap between the expiration of the H1B and the approval of the I-140 and to keep me in status.

    What are the chances of getting an extension? Apparently this is some sort of a "gray zone" and according to the attourney the discretion of the visa officer.

    What would be the implication if the H1B extension is denied before my I-140 gets approved? We're only talking about a 30-90 day gap here until the I-140 gets ruled upon. When do you officially fall out of status?

    Once the I-140 is approved, there should be no problems at all filing the 3-yr. extension -or- even better, if the new immigration bill becomes law then I can file the I-485 immediately and get EAD and Advance Parole - regardless, if EB3 is current or not.

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