回複：請教8老師，H1B延期，I-140pending, important

請教8老師，我現在perm pending,剛遞交了一個月，我六年H1B 9/30/11 到期。

1. if on 9/5/2011, the perm is approved, do we have to file I-140 premium process (15 days knows result) or we can choose to file regular processing time of I-140?

-Must use premium processing for the I-140 to get it approved before your H1 reaches the 6 year limit and then, you can extend your H1 beyond the 6 year limit.

 Do you have any idea how long it takes to file regular I-140 now? If we don't choose premium process, is it mostly likely to get I-140 denialed or it is most likely our one year H1B extension filing won't have any result until I-140 comes out result?

 2.we also just submitted H1B one year extention since our perm is pending,

-You are not qualified to extend your H1 beyond the 6 year limit right now, so most likely USCIS will reject your H1 extension petition unless they make mistake. If you can not get the I-140 approved and can not file the H1 extension beyond the 6 year limit before your H1 reaches the 6 year limit, you have to change your status to other non-immigration status such as F1, B2 or H4, etc. before your H1 expires, and then, change your status back to H1 and extend it beyond the 6 year limit after you are qualified to so that (i.e. get the I-140 approval). Otherwise, you hav eto leave US.

if our H1B extension (tempt to extend to Oct of 2012) is approved while during I-140 pending (assuming perm is approved at beginning of Sept, and if we can choose regular I-140 processing), but later on (say in Dec of 2011) I-140 is denied, when can we stay until? can we still stay until Oct of 2012 or we have to leave U.S. once we receive I-140 denial notice? our intension is to get at least one year H1B extension approved, and at least we can stay one more year in the U.S.

Thanks million in advance!

所有跟帖： 

• so if our I-140 is denied before 9/30, we can apply for B2 in or -實在焦急- ♀ (371 bytes) () 07/27/2011 postreply 08:12:40

• 回複：so if our I-140 is denied before 9/30, we can apply for B2 in -863211- ♂ (1136 bytes) () 07/27/2011 postreply 08:25:58

• By the way, -863211- ♂ (227 bytes) () 07/27/2011 postreply 08:30:44

• Thanks you so much for your promt helpful reply!Finger Crossed! -實在焦急- ♀ (0 bytes) () 07/27/2011 postreply 09:56:37