Can I renew my H 1b indefinitely with an approved I-140?

You can file an H1B extension after 6 years easily with approved i140. This will be cap exempt. With approved i140, you are eligible to file 3 year H1B extension.

What happens after USCIS approval I-140?

1. What happens after my I-140 is approved? First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. Next, you will need to plan the last step of the “green card process” (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140.

Is LCA required for H1B extension after I-140 approval?

Whenever you need to apply for H1 (new or extension), you need to file a new LCA. If you have an approved PERM you will get 1 yr extension after your 6 yrs of H1b, and once you have approved i-140 you will keep getting 3 yrs extension as long as your GC process is active.

Can I file 7th year H1B extension with approved perm?

PERM Approved You can apply for a 7th year H1B extension if the approved PERM was filed 365 days or more prior to the H-1B Extension application. If you are falling short of 365 days, attorneys recommend using H1B recapture time to reach the 365-day limit.

How long does it take after I-140 approval?

The amount of time taken by the USCIS to issue an Approval Notice depends entirely on the backlog at the particular Service Center where your petition was filed. Usually it takes no more than 3 months for this process to be completed, however, processing time may vary from case to case.

What will happens if I-140 is denied?

If USCIS denies an I-140 petition, the petitioning employer or foreign worker has the option of reapplying. Submitting new evidence isn’t enough by itself: The petitioner will have to resubmit ALL of the previously submitted evidence as well and pay the USCIS filing fee again.

Can I file H1B extension after 6 years with pending i140?

You can file an H1B extension after 6 years easily with approved i140. This will be cap exempt. With approved i140, you are eligible to file 3 year H1B extension. With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago.

Can I transfer my B2 visa to H1B after i140 approval?

Once your i140 is approved, you will follow this plan to get back onto H1B status and start working: If your B2 Change of Status application has already been approved by USCIS, then you can file your B2 to H1B Change of Status application along with your approved i140 copy. You will be lucky if your B2 gets approved within 3 months though.

Do H-1B holders have to prove that I-140 is valid?

USCIS has clarified that an H-1B holder does not have to prove that the I-140 or Labor Certification was filed before the end of the sixth year, only that one of the applications was filed at least 365 days before the new requested validity date. Rahul is working as an Accountant at an Accounting Firm.

How to apply for an H1B extension for Eduardo?

Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. Once approved, Eduardo can come back to the U.S. and resume employment. The employer can immediately prepare and file the I-140.