H1 Extension after 6 years

S

srr4

Registered Users (C)
Hello,

EB3 PD 07/02
I am in 7th year extension expiring in mid 2007.
my I140 is approved and I-485 is pending over 180 days
stuck in background/security check.

Question:
How many years extenstion I should get if I go for an H1 extension? As far as my knowledge, if I-485 is filed and is pending, extension should be in the increments of 1 year.

My lawyer says "If your priority date is backlogged at the time of filing the extension of the H-1B, then under Sec. 104(c) of PL 106-313 you can obtain a one time extension of 3 years"

What is the credibility of this statement?

Thanks for your feed back!

srr4
 
If 140 is approved you will get extension for three years, I dont know beyond that three years.
I have 3year extn based on approved 140.
 
If your I140 is approved and cann't file 485 because PD is not current is when you can apply for 3 yrs extension IMO.
 
srr4 said:
Hello,

EB3 PD 07/02
I am in 7th year extension expiring in mid 2007.
my I140 is approved and I-485 is pending over 180 days
stuck in background/security check.

Question:
How many years extenstion I should get if I go for an H1 extension? As far as my knowledge, if I-485 is filed and is pending, extension should be in the increments of 1 year.

My lawyer says "If your priority date is backlogged at the time of filing the extension of the H-1B, then under Sec. 104(c) of PL 106-313 you can obtain a one time extension of 3 years"

What is the credibility of this statement?

Thanks for your feed back!

srr4
Click to expand...
If I-485 filed then increments of 1 year
If I-140 approved and cant file I-485 due to PD then 3 years
 
Hi Ginnu,

I have my I140 approved and since I couldn't apply for I485 for my baby, I have applied for my H1B extension (My lawyer has requested for 3 years extension).

From your reply, it looks like if I-140 is approved, the extension will be in 1 year increments.

In my case I-140 is approved, but due to retrogression my son's I-485 is not filed, but my i-485 is pending for over 366 days.

So now, I am eligible for 3 years or do you feel this is a case for 1 year extension.


My h1b transfer petition has been pending for over 3.5 months. On December 5, USCIS updated their website saying they are processing Oct 1st applications, and my reciept date is Oct 3rd. From their status updates, I should have got my approval by now, but there is no news so far...I am keeping my fingers crossed...

....Badrinath
 
aj_gc said:
If 140 is approved you will get extension for three years, I dont know beyond that three years.
I have 3year extn based on approved 140.
Click to expand...

Hi aj_gc,

Have you filed I-485? Are you in H1's first 6 years period?

Hi badrinathn,
Your case is almost same as mine. If you get 3 years extension, I can get it too. So, please post the outcome as soon as you get an approval for your H1 extension!

Thks/srr4
 
With 140 approved and 485 applied and pending...due to retrogression you can get 3 years extension beyond your 6 years - I did
srr4 said:
Hi aj_gc,

Have you filed I-485? Are you in H1's first 6 years period?

Hi badrinathn,
Your case is almost same as mine. If you get 3 years extension, I can get it too. So, please post the outcome as soon as you get an approval for your H1 extension!

Thks/srr4
Click to expand...
 
Sanan said:
With 140 approved and 485 applied and pending...due to retrogression you can get 3 years extension beyond your 6 years - I did
Click to expand...

Great! Thanks Sanan!
 
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