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


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)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Copyright © 2013, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.