H1 extension beyond 6 yrs question

[bmt74]

A general question about H1 extension beyond 6 years:

If labor is approved (filed more than 365 days ago) and his I-140 is still pending, can I get 1 year extension ?

I know if I-140 is approved, he can get 3 year extension, but wasn't sure if I-140 is not approved

 

[gc_2006]

If labor is approved (filed more than 365 days ago) and his I-140 is still pending, can I get 1 year extension ?

If labor is approved or not - as long as filed >365 days before 6th year end then you can extend. I-140 doesn't matter in this case.

 

[bmt74]

gc_2006,

Thanks for the quick response. It was actually for me. I was going to ask a follow-up question that where this is mentioned in the Yates memo....but before that, my H1 extn got approved. My company applied thru premium processing last week. It got approved today.

Thanks again !

 

[S_Reddy]

You can get extension for 3 years only If I-140 Approved and I-485 not filed. In your case you can get extension for only 1 year.

 

[akilhere]

S_Reddy

Read this thread...a dude has got his H1B approved for three years while his 485 has been pending (he had already filed for his 485).
I guess it does not matter if your 485 has been filed or not.

You may want to check with your lawyer about this.

 

[GotPR?]

S_Reddy

Read this thread...a dude has got his H1B approved for three years while his 485 has been pending (he had already filed for his 485).
I guess it does not matter if your 485 has been filed or not.
.

it's true some people gets 3 years even though I485 has been filed, but what memo says for 3 years extension is "If I140 was approved and I485 can not be filed". I do not know if 3 year extension granted for those under I485 pending was mistake or not, but you know, if you read board, you realize CIS sometimes makes very simply and crucial mistakes.
Unless there is clear statement from CIS, i'd go with 1 year. Company is supposed to pay for it and no financial impact on you.