I have spent more than 5 years in H1B and my PERM LC was just filed. If the PERM LC is approved when I have 1 month of H1B time remaining, can I file my I-140 and H1B extension at the same time?

Answer

If an approved I-140 is needed to extend one’s H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition, which is requesting an extension based on said I-140 approval, is filed. (14.Mar.2016)

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