View Full Version : I-140 premium processing - can I extend H1B

07-13-2011, 07:16 PM
My 6 year h1b expired last december, and I moved to a Canadian office. Now my LC got approved and my i140 has been filed in premium processing. If it gets approved (fingers crossed in ~15 days), what does this mean for my h1b? Can I extend the old h1b with the i140 approval right away? I have read conflicting things about it (some places say it has to be approved 365 days before expiry for extension)

Or is my only option to apply for a new h1b after a year outside?

07-14-2011, 09:33 PM
Anyone know the answer to this?

07-15-2011, 10:12 AM
I am afraid not. Your H1B is expired, you should be filing for new H1B petition after staying out for 1 year from the time you left USA.
Your GC process would continue and you can use approved I140 for the next H1B extension after 6yrs.

good luck