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

Answer

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)

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