View Full Version : I-140 Premium processing required??

07-13-2011, 01:09 PM
Hi -

I need a suggestion from the group

I am in the 6th year of H1-B and ends in mid October 2011. PERM was filed in March 2011 and got the labor approved in May 2011. The attorney is looking to file the I-140. I am at crossroads to do regular processing or premium.

Please suggest if it is required?


07-13-2011, 01:12 PM
PP is better for you as your can use approved I140 to get 3Yrs H1B extenstion....

07-13-2011, 01:25 PM
This is my understanding. For H-1B extensions beyond the 6 year period, you either need to have your greencard in process for atleast 1 year (does not apply to you) or your I-140 is approved. I don't think there is a clause that allows for H-1B extension if I-140 is pending but the whole GC processed was filed less than a year before your H-1B expiration date.

Unless you can confirm such a clause exists (H-1B extensions are allowed while I-140 is pending but total period of GC filing is less than a year), I strongly suggest you go with premium I-140

Good luck