Extending H1 for 3 years (after 6 years)...URGENT HELP NEEDED!

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rs_mangat

Registered Users (C)
Hi Gurus,
Need your help.

I've read here that, nowadays, if your I-140 is approved & I-485 is pending, you can file for 3 years extension of H1 (after initial 6yrs. of H1).
Now, my question is:
By default, are they gonna give 3 years extentions to everyone (like in inital H1) or you have to sepcifically request for 3 years, because earlier they used to give only 1 year extension? If yes, do we have to send some copy of the latest law for them to issue it for 3 years?

My attorney has told me that I'll be the first one for whom she'll be filing this new 3 yrs. extension. So I was little worried. Somehow I trust Gurus here more than her...:)

Has anyone recently filed for this new 3 years visa. Please share your Exp.

REPLY ASAP as I've to file within 2 days...

Thanks..
 
rs_mangat said:
Hi Gurus,
Need your help.

I've read here that, nowadays, if your I-140 is approved & I-485 is pending, you can file for 3 years extension of H1 (after initial 6yrs. of H1).
Now, my question is:
By default, are they gonna give 3 years extentions to everyone (like in inital H1) or you have to sepcifically request for 3 years, because earlier they used to give only 1 year extension? If yes, do we have to send some copy of the latest law for them to issue it for 3 years?

My attorney has told me that I'll be the first one for whom she'll be filing this new 3 yrs. extension. So I was little worried. Somehow I trust Gurus here more than her...:)

Has anyone recently filed for this new 3 years visa. Please share your Exp.

REPLY ASAP as I've to file within 2 days...

Thanks..
Click to expand...

I believe your lawyer is wrong. You are eligible for the 3 year extension only if you could not submitt your I-485 (i.e due to retrogression). You are only eligible for a 1 year extension if you already have a pending I-485.

Your lawyer is probably charging $300 per hour for bad advice. Very sad :mad:
 
rs_mangat said:
Hi Gurus,
Need your help.

I've read here that, nowadays, if your I-140 is approved & I-485 is pending, you can file for 3 years extension of H1 (after initial 6yrs. of H1).
Now, my question is:
By default, are they gonna give 3 years extentions to everyone (like in inital H1) or you have to sepcifically request for 3 years, because earlier they used to give only 1 year extension? If yes, do we have to send some copy of the latest law for them to issue it for 3 years?

My attorney has told me that I'll be the first one for whom she'll be filing this new 3 yrs. extension. So I was little worried. Somehow I trust Gurus here more than her...:)

Has anyone recently filed for this new 3 years visa. Please share your Exp.

REPLY ASAP as I've to file within 2 days...

Thanks..
Click to expand...

Just enclose the copies of I-140 approval and your pending I-485.
 
Mr. Green said:
I believe your lawyer is wrong. You are eligible for the 3 year extension only if you could not submitt your I-485 (i.e due to retrogression). You are only eligible for a 1 year extension if you already have a pending I-485.

Your lawyer is probably charging $300 per hour for bad advice. Very sad :mad:
Click to expand...

Mr. Green, your info. is incorrect. Please read below for more details.
rs mangat belongs to Group I.

(1) Those whose I-140 petions in EB-1, EB-2, and EB-3 have been approved but are unable to file or complete I-485 applications because of the visa number unavailability in his/her case: Under AC21 section 104(c), they can apply for extension of H-1B status beyond six year limit until I-485 is filed and decided. They can apply for the extension in "three-year" increment. For this extension, they do not have to prove that 365 days have passed since they filed either labor certification or petition. The extension is granted inasmuch as either I-485 could not filed or I--485 was filed but could not be completed because of the visa number retrogression for him or her. Currently this option is available only to Chinese, Indians, and Filipinos. However, when the visa number retrogression spreads to other nationalities, they will also be eligible for the H-1B extension beyond six years under this option. The eligible people include the following groups:
Group I: He/she obtained I-140 approval and I-485 was also filed but could not be adjudicated because of the visa number problem.
Group II: He/she obtained I-140 approval but cannot file I-485 because the visa number is not available for him/her.
 
Mr. Green said:
I believe your lawyer is wrong. You are eligible for the 3 year extension only if you could not submitt your I-485 (i.e due to retrogression). You are only eligible for a 1 year extension if you already have a pending I-485.

Your lawyer is probably charging $300 per hour for bad advice. Very sad :mad:
Click to expand...

Mr. GREEN I think your facts are wrong..based on other replies I've read on this forum. Other like hopeofgc share my view. Am I right HopeofGC?
 
Hey Hopeofgc

THANKS hopeofGC for the detailed answer. So, just to double check, based on what you have said, are they going to extend the h1 for 3 years BY DEFAULT or you have to request for it?

Thanks in advance...
 
It's all depends upon your luck.

It's all depends upon your luck.--This is what my lawer told me.
He applied for 3 years and got for 1 year and some people he got for 3 years.So there is nothing like fixed if you do this this.... will happen.It's all depends upon your case approver .From your side you have to ask 3 years
 
I wonder, why do the folks extend H1B, if their 140 is APPROVED, and 485 is pending? What could be the reason? They can very well survive with less expensive EAD and AP, right?

I am also in the same situation. 140 is approved and 485 is pending due to retrogression. My H1B is going to end in another 3 months.I am thinking to survive with EAD and AP, till my GC arrives. I have never been in out of status. I do not want to extend H1B. Am I making any mistake?
 
Mr Green is right.

You will get 3 years H1-B extension if you are not able to apply for 485 becasue or retro.

If you have already applied for 485 then you will get only 1 year H1-B extension.
 
Hi can_card ,

I am also thinking the same as you. Why do we need to apply apply for H1-B extension after 6 years if we have EAD/AP.

Gurus, please shed some light on this.

Thanks,
vk_gc
 
It is generally safer to continue on H1 as far as possible. When you are on H1 and assuming you have EAD/AP, you could switch to EAD/AP status, if needed but it is not possible when on EAD/AP to switch back to H1. That could be the reason most of the people in various forums have been suggesting to maintain H1 status as long as possible and keep EAD/AP for the rainy day.
vk_gc said:
Hi can_card ,

I am also thinking the same as you. Why do we need to apply apply for H1-B extension after 6 years if we have EAD/AP.

Gurus, please shed some light on this.

Thanks,
vk_gc
Click to expand...
 
If H1 status ends you are out of status. If you out of status longer than 180 days and your I-485 is denied, you have to leave country for a year, 6 years etc.. Do the math.
 
As far as I know,

you are eligible to get 3 yrs extn when your 140 is approved and 485 is pending and your priority date is not current.

Many people extend their H1 to be in the safer side..

To my opinion if your 140 is approved more than 6 months and your 485 is pending for more 6monhts then your EAD/AP should be fine..

good luck..
 
Reasons to be on H1

Hi guys,
Lemme give you the reasons I want to extend my H1 even though I already have my EAD/AP. I was confused to extend the H1 or not considering the cost & other factors...but once I get to know about the 3 yrs extn I decided to go for it:::

1. Once you have your H1 stamped...its much more easier to travel (out of US) than AP. Many countries require transit visas (even if you don't go out of airport) if you don't have a stamped visa on ur passport..its a hassle..

2. Considering the PDs, it may take few years for GC to come...so once ur H1 is extended for 3 yrs...u can discontinue extending ur EAD & work on H1...& whenever u like u can always renew ur EAD & transfer from H1 to EAD...whereas if you go out of H1 once & go to EAD..thats it...u can't get back on H1....

3. MAIN reason...You got to have EAD approved for you to be eligible to work..if due to some reason ur EAD renewal is delayed & ur current EAD expires...its a BIG hassle....whereas for H1, you just have to show that u have filed for extension & continue to work for 240 days. So, you are not under this time pressure to getting ur EAD approval BEFORE your current EAD expires...

4.This reason is kind of cheeky...if u r on EAD & ur 485 is denied..u can't work..PERIOD...Whereas I've read mixed reviews about continuing work on H1 (beyond 6 yrs) if your 485 is rejected..some ppl say u can't work on H1 (on H1 extended beyond 6 yrs..) if ur 485 is rejected...some ppl say you can continue till the expiry of that H1...irrespective of 485...Well, I don't care what the reality is...but psycologically you feel little bit more safer... :D
 
I ve seen the real case with 485 pending got 3 yrs extn

I don't much but my collegue got extn for 3 year and i know he filed labour sep 2002 and he filed 485 and got ead also. he said he got h1 extn for three years.. this is real..

thanks
all the best
 
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