My EB3 I-140 was denied and a motion to reopen (MTR) was filed. Is it possible to use this case for purposes of extending my H1B status beyond six years?
02 Jul 2025Answer
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 based on the pending MTR or appeal. The MTR or appeal is enough to keep the case “alive” so that the beneficiary qualifies for more H1B time. (02.Jul.2025)
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