Q: Can I apply for H1 extension while my denied I 140 is under appeal at the office of AAO? 6 years completes in Aug 2018.
Hi, I will be completing 6 years on H1 this August (2018) and have 7 months to go. My I 140 was denied (employer is going to appeal the decision) on 02/01/2018 and would like to know the options I have to stay beyond the 6th year.
Can my employer file H1 extension while my I 140 denial is under appeal at the office of AAO?
Also, my employer is planning to file another perm with a hope of getting the new I 140 approved before Aug 2018.
Thanks
Pavan
A: If your approved PERM application was filed with the DOL over one year ago, and your employer's I-140 is on appeal, you can extend your H-1B status past 6 years.
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