With a denied I-140, MTR receipt, is getting an H1B extension possible? Corresponding PERM was pending more than 365 days.

Answer:

Yes, if the PERM was filed in time to qualify for the H1B extension under the 365 day rule, it is possible to obtain the extension even if the I-140 has been denied, as long as there is a pending MTR or appeal. The MTR or appeal is enough to keep the case “alive’ so that the beneficiary qualifies for more H1B time. As a suggestion, it is worth considering whether it may be possible to refile the I-140 with better evidence or in another EB category in order to have a chance for approval. This can be a more viable option than a MTR in some cases, depending upon the reason for the denial and the facts of the case. (30.Dec.2013)

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