Q: What options I have to file H1B extension based on I-140 approval?
I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.
I am currently located in India on vacation, but may not go back to the US due to the Coronavirus pandemic.
I want to know if I can file my 3 year H1B extension based on I-140 approval while being in India Or do I have to be in US to file this extension?
A: Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.
Ms Grace I Gardiner agrees with this answer
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