Visa is extended till 2018, if I-140 is denied for any reason, will i be out of status?

USA H1B Visa
1

Visa is extended till 2018, if I-140 gets denied for any reason, will i be out of status ? and what are my options to extend my stay in US.

I am in 3rd year of my H1B cap.

I have read that after 6 years of H1 cap extension wil be denied. but when i am still under cap if I-140 is denied can i re apply for GC process again.

Thanks in advance for your valuable inputs.

2

Your already approved petition is not impacted if I-140 is denied.

You can file extensions beyond 6th year if you have a qualifying green card application. If during that process, 797 is approved for 1 or 3 years, and an unfavorable action happens on PERM or I-140, then also it won’t impact the already approved petitions. It will stop you from using the PERM or I-140 from future 797 filings, but no impact on the ones that are already approved.

Makes sense?

3

Say my I140 is denied and i am in 4th year of H1 , i can apply for PERM and I140 again right ? and get 3 yrs extensions
because previous i-140 is denied will there be any issues with the future filing of I140?

4

Yes, another I-140 can be applied even if the previous I-140 has been denied.

5

Thanks for your Suggestions and response.