EB3 retrogression and H1-B extension beyond 7th year

G

gc_void

Registered Users (C)
I have a I-485 EB3 application pending with CSC since Dec 2004 (PD: Dec 1999 based on a subst. LC) my I-140 has been already approved and have received EAD & AP.

I recently came across an article that said it is possible to have H1-B extensions beyond the 7th year in 3 year increments rather than 1-year due to EB3 retrogression. Is this true. I checked with my company's attorney but they say that this is not possible in my case since a I-485 has already been filed on my behalf and the 3 years extension is applicable only for people who have not been able file their I-485. My employer is anyway filing a 1-year H1-B extension based my own LC, which is still pending.

Gurus can you please share your thoughts on this.

Thanks a lot.
 
Even my attorney said the same thing. I have already applied for 485, so they said that I will be eligible only for 1 year H1-B extension.

3 year H1-B extension is for the guys who are effected by retro and not able to apply I485.

Anybody got 3 year H1-B extension who have already applied for I485 ? Please post.
 
I talked to my atty. I'm in the same situation as you guys. Since I've have a lil complication in my 485 I wanted to do H1B. My lawyer (murthy) its possible for me to do a 3year H1B. ( 140/485 concurrent Oct2004 PD Apr 2003).

But the thing is that if 485 is denied a 7th or 7+ H1B is not valid. When I talked to my atty he said ITS VALID UNTIL USCIS revokes it.

babu
 
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