File H1b amendment with approved I-140 while 6th year recapture extension is pending?

h1b-extension
i140

#1

Hi Anil,

My H1b visa extension in normal process to recapture my leftover period to maxout is in process without PERM. Now my PERM has been approved and I-140 in premium is in process.

Since my current visa is till 31st Dec 2018 and maxout is 15 Feb 2019. If I-140 gets approved in Jan 2019.

Can i amend extension which is in progress with new end date request based on I-140 approval.
Please suggest.


(Anil Gupta) #2

Hi @myvisa

There is no such thing as amending the existing pending application with USCIS.

You CAN file another H1B extension using your approved i140 to ask for 3 year H1B extension after your i140 has been approved.

The existing pending H1B extension to re-capture time till Feb 15, 2019 will reach its own result with time.


#3

Thanks Anil for your response.

I have i-94 valid till 31st Dec. I will be in USA in Jan 2019 based on receipt of extension without I-140.

Can i file new extension from USA in Jan 2019 once I-140 is approved or do I need to travel out of USA to file new extension based on I-140 approval after i-94 expiry date. please suggest.


(Anil Gupta) #4

You can file extension from within USA. No need to travel outside.


#5

Thanks a lot Anil for your quick response. I will let you know if I have any question.


#6

Hi Anil,

My I-94 and H1b visa had expired on 31st Dec 2018. Also extension(first extension) & amendment for leftover period till 15th Feb 2019 was filed ealier in Oct 2018 under normal process.

Now my I-140 has been approved on 3rd Jan 2019.
As suggested earlier my attonery is are going to file another(second) extension may be by 20th Jan 2019 based on I-140 approval.

My question is:

  1. What would be my h1b visa start date for my second extension. will it be from 31st Dec 2018 or 20th Jan 2019.
  1. If first extension (without I-140) gets denied meanwhile second extension(with I-140) is in process, do I need to leave USA.
    3)If I go for visa stamping in India do I need both the extension approval or only second extension approval would be fine.

(Anil Gupta) #7
  1. The H1B start will be what your attorney will request as the start date.
    As per my opinion, he will put the start date in application as 15th Feb, 2019.

  2. Its a complex scenario and your attorney can guide based on the denial reason. There is no need to speculate.

  3. For H1B stamping, you need the most recent approval as it will define the time period for which you are requesting a visa stamp.


#8

Thank you Anil for your response.