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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

H1B extension and I-140 petition

Question:

I purchased your help packet last year or so and have been waiting to submit my I140 petition. I am almost ready to submit my petition although now I am waiting my H1B extension approval that was submitted in June this year.. Its obviously taking a long time to get the approval notice. I was wondering whether I can submit my I-140 with the latest H1B approval notice together with the new H1B extension receipt notice that is under review as my current immigration status. I have not changed employers and will be working for the same employer. My recent H1B expired on the 31st of August of this year and I am waiting for my next extension approval. Just need to submit my I-140 ASAP… If I can submit the I 140 with the H1B extension receipt notice how can I do that? if not I will have do a premier processing and get  my H1B. 

Answer:

As you mentioned, you can include the h1b receipt notice and submit the I 140 petition. Did you mean to say that you are h1b has already expired in August of this year? We assume you have applied your h1b within the one month grace period of your previous expired h1b. As long as you had done that you should have no problem in including yours recent h1b receive notice long with your I 140. However if you would like to wait till you receive your H1b you can do that as well.

 Question:

Thanks for the reply. So I will then send the receipt notice with new H1B extension petition.  Yeah I filed the new extension even before the current one expired. 

Answer:

Yes you are correct.

 

 

 

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

2 Responses to H1B extension and I-140 petition

    • Tigran Kalaydzhyan says:

      Outcome for NIW does not depend on whether you are in J1 or H1B status. The advantage of having H1B is that it is a dual intent visa, meaning that you should be able to extend it after I-140 is filed. You may not be able to extend J1 after filing I-140, since this would create a conflict of intents (immigrant vs. non-immigrant).

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