H1B after 6th year: 1yr or 3yr extensions ?

solicit

Registered Users (C)
Gurus,

My I-485 is on file with VSC with an RD of March,2002 ( Non Concurrent - I-140 was approved prior to I-485 filing). I am currently on my 8th year H1. All my H1 extensions after initial six years were in 1 year increments. Recently I read that H1 extensions can be had for 3 year increments if I-140 is approved.

Does 3 year increments hold good for me ?? What's the criteria for eligiblity of 3 year increments ?

Labor Approved/ Waiting => 1 year extensions
I-140 approved:I-485 not filed => 3 year extensions
I-140 approved; I-485 filed => ???

Please shed some light on the topic ..

Thanks for your help..

-solicit
 

jnlk

Registered Users (C)
1 yr - if you don't have 3 yrs left on H1-B

Hi,
If you have less than 3 yrs left on your H1-B you can get only 1yr extension from 6th year onwards.

Say you have 140 approved in your 4th year (or labor filed one year prior) and you are up for H1-extension - then you can get 3 yrs extension (2 yrs remaining plus 7th yr extension). In brief after 6 yrs completion you can only get 1 yr extensions.

HTH

JNLK
 

neha_wal

Registered Users (C)
JNLK your information is wrong, I think even if your are on 7th 8th or 9th year and if you get you 140 approved you should get 3 year extension.
 

hopeofgc

Registered Users (C)
solicit said:
Gurus,

My I-485 is on file with VSC with an RD of March,2002 ( Non Concurrent - I-140 was approved prior to I-485 filing). I am currently on my 8th year H1. All my H1 extensions after initial six years were in 1 year increments. Recently I read that H1 extensions can be had for 3 year increments if I-140 is approved.

Does 3 year increments hold good for me ?? What's the criteria for eligiblity of 3 year increments ?

Labor Approved/ Waiting => 1 year extensions
I-140 approved:I-485 not filed => 3 year extensions
I-140 approved; I-485 filed => ???

Please shed some light on the topic ..

Thanks for your help..

-solicit

If I-140 approved; I-485 pending and PD is not current then you can get H1B extension for 3 years.
 

santosh_30

Registered Users (C)
I agree with neha_wal. I confirmed thsi with my lawyer. One can get three year no matter how many yrs left on H1B or even if you are already on extension
 

SB-2004

Registered Users (C)
Yes under Section 104(c) : "One-Time Protection" of Three-Year H1B Extension

Section 104(c) : "One-Time Protection" of Three-Year H1B Extension

As mentioned above, AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs if labor and i140 is approved and dates are not current.

Though it says one time protection, Yates Memo clarified that multiple 3 year extensions are also possible, if required.
 
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neha_wal

Registered Users (C)
Okay guys looks like solicit got his answer. Now let me know if somebody has an answer for this one. My labor was filed by my company in last Sep’2003 and is still awaited, I’m on 7th year. Say if I file another labor with company ‘B’, when can I join the company ‘B’, Can I join them after 140 approval from company B, or 1 year of labor pending from company ‘B’ ? I am taking about when can I file for H1B transfer.
 

desi145

Registered Users (C)
neha_wal,
you can join company B based on pending LC with company A and keep increasing your H1 extensions also, even though you left the company. LC is for future/current employee, most likely your company won't cancel ur pending LC as they can use it with subs LC. If they cancel, that maybe tricky.
 

solicit

Registered Users (C)
Thanks everyone for your thoughts... So the consensus seems to be I can go for 3 year increment after 6year H1B if PD is not current.

To give a better perspective, let me ask the question specific to my scenario ( my Company's lawyer is totally incompetent in this respect)

Here's the timeline of events for me
-Completed my initial six years on H1B
-Completed 7th year on 1 year H1B extension
-Currently on 8th year H1B extension ( 1 year again)

At this point, Can I go in for 3 year extensions, since I have already made use of 2 one year extensions already.??

Also, can anyone clarify if 3 year extensions apply to all I-140 approved; PD waiting cases? Read somewhere that it excludes I-485 filed cases where PD has retrogressed ? any iota of truth to it ?

Thanks for all your thoughts and time..

-solicti
 

jnlk

Registered Users (C)
Well - for once I am glad to be wrong. If what you guys say is true -then I will wait eagerly for my Labor and 140 to get approved so at least I can get rid of this extension business every year. I have extended for 7th year already and am no filing for my 8th year.

JNLK
 
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