What are the options available if I-140 is rejected and H1B 6-year limit will be reached within the next 9 months?


If the PERM was filed far enough in advance to meet the 365-day rule, there would be options. If there is a basis for challenging the I-140 rejection, an MTR or appeal will keep it “alive” and make H1B extensions possible (if the 365-day rule is met). Sometimes, it may be better to just refile the I-140 with corrections or better evidence. That also keeps the I-140 case in pending status. H1Bs can be filed six months before the start date, so it may be best to do so if the I-140 is precarious. (27.Oct.2014)

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.

Access more FAQs here.

Copyright © 2014, 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.