H1b extension in process and I-140 got approved after filing extension

USA H1B Visa
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1

Chronological order for my questions regarding my current situation for H1b Extension in progress:

  1. First I-140(EB2) denial appeal filed in Aug’2018
  2. H1B extension filed in Oct 2018 based on the above I-140(EB2) appeal
  3. H1B-I-94 expired on Dec’2018
  4. H1B extension RFE received in Jan’2019
  5. First I-140(EB2) appeal got dismissed on 17th April’2019
  6. H1B extension RFE response submitted on 19th April’2019
  7. Second I-140(EB3) approved in May 2019
  8. My 6 years max date is due in July 2019.

I have some questions and asking for your kind help on how to resolve my situation:

  1. Can I file a second extension from the same employer based on my approved I-140 in Premium now, in parallel with the existing one?

  2. Should I wait for the decision for H1B extension already in progress under regular processing?

  3. Should I change the existing processing to premium?

  4. What happens if my in-process extension gets denied after June? In such incident what will be the next steps?

  5. If I do transfer to new company, do I have to go out of country and get it stamped?

  6. Given the situation above what do you recommend what are my best options to get the extension renewed while staying in the US?

2

You can file a new extention using your i140.

You can also file H1B Transfer using i140 but i do not recommend doing it before you have spent 180 days with current employer.

Check more scenarios and questions about i140 with H1B 6 year:

3

Can I file a second extension from the same employer based on my approved I-140 in Premium now, in parallel with the existing one?

4

Yes, a second extention can be filed using approved i140.

You need to understand that each H1B extention has a start and end date. These dates are different for each new application you file.

In your case, you will file a new extention for period starting your end of H1B 6 year period.

5

Do I have to go out of country for stamping after H1B transfer??

Or can I start working while staying in US?

6

It depends on how your H1B transfer has been filed - change of status or consular processing before or after i94 expiry.

7

Thanks for your reply

I have below two scenarios

  1. If H1B transfer is filed after I-94 expired then do I have to go out of country for stamping to start working?

  2. If H1B extension filed based on I-140 approval after I-94 expiry then also do I have to go out of country to start working?

8

Hi @kanika

I have written about the risks of H1B transfer in detail here for your scenario. Please read: