H-1B expiring 2009 May, I-140 still pending.

[dannyypk]

I have this situation:

got my first H-1B @ 2004 and exp date: Sept 2007

changed my job in 2006 May, My newest H-1B exp date: May 2009

My I-140 is pending ( receipt date: March 2008)

Any suggestion what would happen next year when my H1-B expire next year?

I am under EB-3 ROW

Thanks for your input !

[meridiani.planum]

Originally Posted by dannyypk

I have this situation:

got my first H-1B @ 2004 and exp date: Sept 2007

changed my job in 2006 May, My newest H-1B exp date: May 2009

My I-140 is pending ( receipt date: March 2008)

Any suggestion what would happen next year when my H1-B expire next year?

I am under EB-3 ROW

Thanks for your input !

looks like you are eligible for H1 until Sept 2010 just on the basis of hte intial 6 years. From that point you will be eligible for extensions since your PD is >365 days old.
Sometime before your H1 expires next year (you can start up 6 months in advance) file for an extension.

[reddy77]

You can extend the h1 again in 2009 until 2010 and also you can capture the days which you spent outside USA. by that time your 140 will be approved ....

Originally Posted by dannyypk

I have this situation:

got my first H-1B @ 2004 and exp date: Sept 2007

changed my job in 2006 May, My newest H-1B exp date: May 2009

My I-140 is pending ( receipt date: March 2008)

Any suggestion what would happen next year when my H1-B expire next year?

I am under EB-3 ROW

Thanks for your input !

[leenakamat]

Since your PERM had been filed more than 365 days before your 6th year and your I-140 is pending, you can apply for another 3-year extension, if you still need it at that point.