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fetch_gc
04-16-2008, 12:34 PM
Hi Gurus,

I have been on H-1B since June 2000 and have already finished my regular 6 yr H-1B and then got a 3 year H-1B extension in June 2006 which is good until June 2009, based on my approved I-140.

As my sig reveals that my EB-3 (India) PD is Apr2002, I have got a question.

1) Can I apply for my second 3 yr H-1B extension based on my approved I-140 petition, if my PD is not current by June,2009 or let us say March,2009 to allow 3 months time for processing H1-B extn.

I know, you guys would want me to be optimistic, as EB-3 India is currently at 01NOV2001 and I am just another six months away from my PD being CURRENT. But just wanted to know if the above thing is possible should my
PD does not yet happen to be current by Mar2009, for some reason (U guys know USCIS :-) and blame it on retrogression!!) and I can still file for my second 3 -yr extension based on Approved I-140.

Also please note I am with my same employer since my first entry into US in June2000 and also I do not intend to use my EAD and AP either, though I currently have them as back-up and will continue to get them renewed until I get GC.

I have surfed many threads on this forum but could not find an exact answer.

Many thanks,
FETCH_GC

meridiani.planum
04-16-2008, 12:51 PM
Hi Gurus,

I have been on H-1B since June 2000 and have already finished my regular 6 yr H-1B and then got a 3 year H-1B extension in June 2006 which is good until June 2009, based on my approved I-140.

As my sig reveals that my EB-3 (India) PD is Apr2002, I have got a question.

1) Can I apply for my second 3 yr H-1B extension based on my approved I-140 petition, if my PD is not current by June,2009 or let us say March,2009 to allow 3 months time for processing H1-B extn.

I know, you guys would want me to be optimistic, as EB-3 India is currently at 01NOV2001 and I am just another six months away from my PD being CURRENT. But just wanted to know if the above thing is possible should my
PD does not yet happen to be current by Mar2009, for some reason (U guys know USCIS :-) and blame it on retrogression!!) and I can still file for my second 3 -yr extension based on Approved I-140.

Also please note I am with my same employer since my first entry into US in June2000 and also I do not intend to use my EAD and AP either, though I currently have them as back-up and will continue to get them renewed until I get GC.

I have surfed many threads on this forum but could not find an exact answer.

Many thanks,
FETCH_GC

I hope you get your GC before it comes to making to this call.
having said that, you only qualify for a 3 year extension if your PD is not current. if it is, then you will still get a 1 year H1 extension as your LC would be >365 days old. Also, the date that matters is not when you file, but when USCIS adjudicates your H1 extension petition. that day your PD must not be current to get the 3 years.

summitpointe
04-16-2008, 12:59 PM
You will get three years extension for H1B based on your I140 approval. I think you will get your GC before you get your H1B extension. As you're with the same employer your H1B filing fees will be very less this time and to be on the safer side file your H1B.

natrajs
04-16-2008, 01:03 PM
Hi Gurus,

I have been on H-1B since June 2000 and have already finished my regular 6 yr H-1B and then got a 3 year H-1B extension in June 2006 which is good until June 2009, based on my approved I-140.

As my sig reveals that my EB-3 (India) PD is Apr2002, I have got a question.

1) Can I apply for my second 3 yr H-1B extension based on my approved I-140 petition, if my PD is not current by June,2009 or let us say March,2009 to allow 3 months time for processing H1-B extn.

I know, you guys would want me to be optimistic, as EB-3 India is currently at 01NOV2001 and I am just another six months away from my PD being CURRENT. But just wanted to know if the above thing is possible should my
PD does not yet happen to be current by Mar2009, for some reason (U guys know USCIS :-) and blame it on retrogression!!) and I can still file for my second 3 -yr extension based on Approved I-140.

Also please note I am with my same employer since my first entry into US in June2000 and also I do not intend to use my EAD and AP either, though I currently have them as back-up and will continue to get them renewed until I get GC.

I have surfed many threads on this forum but could not find an exact answer.

Many thanks,
FETCH_GC

I hope you get your GC before that, Yes you can get a 3 year extension provided I 485 Dates are not current, if not you will get a 1 Year extension

I have completed 6 years on Feb 1st 2006, and got the 7th - 1 year extenson, 8th - 1 year Extension (since my I - 140 Wasn't approved at that time) after the I-140 approval now I have got the 9th to 11th year - 3 Year extension and My Attorney's told me that if my dates are not current after the 11th year then they can apply for another 3 year extension. I am hoping to get my GC before that, If not then I will be in the same boat like you.