This is a more frequent question than you might realize: “Can I use my self-petitioned NIW I-140 to extend my H1B after six years?”
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Yes, technically speaking—you can apply an approved I-140 (even via a National Interest Waiver, or NIW) to petition for an H1B extension past the usual 6-year timeframe. But here’s the catch—not all employers or lawyers will accept filing the extension via it.
One reason being that NIW is a self-petitioned green card, not employer-attached. So while the I-140 is approved, it does not reflect an immediate offer of employment from the employer petitioning the H1B extension. Some employers and lawyers prefer—or even require—a PERM-based I-140, particularly when applying for H1B extensions.
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There is also another aspect: NIW is approved on the basis of a very narrow “national interest” project. If your new employment does not directly fit within that project, the legal team might not see it as rising to the level of being able to use it as a basis to grant the H1B extension.
So, yes, an individual can have a valid NIW I140 and not get an extension—never mind that USCIS never denied it, but the employer would not even submit.
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Ultimately, it’s an area of gray.
NIW I140 is a good idea in theory. In reality, it is up to whether or not the employer’s counsel is willing to go ahead and do it.
If unsure, it is a good idea to seek a second attorney’s opinion—since not all lawyers share the same opinion.
