H1-B Extension, please help!!!!

[ThereYet2003]

Could someone answer my question?

My H1-B will expire in November this year. I currently have I-485 pending at TSC. My husband's is the primary application.

My question is that since I don't have labor filed. Could my H1-B get extended?

Thanks,

ThereYet2007

 

[mkung]

It depends as you have not provided enough information.

I am guessing that you are asking about an extension beyond the 6th year. If this is the case, you can only get an extension if

1) you have a labor certification application that has been pending for more than 365 days or more OR
2) you have an approved I-140 but you are unable to adjust your status because of retrogression.

In general, if you have a pending 1485 (which suggests that you are not impacted by retrogression), you won't be able to extend your H1B beyond the 6th year. Now, you may have an old unadjudicated labor (with another employer ) and if the said labor petition has been pending for 365 days or more, you can obtain your extension.

 

[ThereYet2003]

Thanks a lot

Hi MKung,

Thanks for your response. You are right. I am at the end of my 6 year H1-B Visa. I don't have a labor filed and No I-140 filed. I have I-485 pending as derivative on my husband's I-140 and I-485 application. And he's I-485 is stuck on security checking. I guess I better file EAD card soon.

Thanks again for your help!