Immigration Issues/H1B extension


I am currently on my sixth year of my H1B expiring on July 2008.
My current employer applied for Labor Cert back in 2004 and the labor cert was approved last year.   They then applied I-140 last Oct 2007.  (Not concurrently with I-1485 though.  They could have filed it concurrently as EB2 for my country is current.  But due to personal reason (my wife wants to get her degree so we filed for her F1 first and now its approved.)

My question is can I file for an H1b extension since my I-140 is still pending since Oct 20, 2007 ?

How much would fees be for H1b extension ? And how long does it take for them to approved without using premium processing ?  

Please advise.  Thank you and have a great day !


1.  You can file for an extension for the H1B beyond the six year limit.
2.  The fees are the same unless it is the third extension by the same employer.  You also will not be required to pay the $500.00 filing fee if extension.  The fee will most likely be $320.00 plus $750.00/$1,500.00.  It takes fifteen days for premium processing and without it will take three to four months.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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