H1B - Retrogression

H

h1bguyyy

Registered Users (C)
As EB3 visa numbers have retrogressed worldwide, we can't apply for AOS (I-485). Now I have a question, if someone is in their 6th year of H1, the H1 can be extended for the 7th year so that the EB3 visa number is available.

But what if even after the 7th year, the EB3 visa number is unavialable?? Can we extend H1B beyond six years for as many years as it takes for the visa numbers to become available? or to reach your Priority Date?

Please help.
 
h1bguyyy said:
As EB3 visa numbers have retrogressed worldwide, we can't apply for AOS (I-485). Now I have a question, if someone is in their 6th year of H1, the H1 can be extended for the 7th year so that the EB3 visa number is available.

But what if even after the 7th year, the EB3 visa number is unavialable?? Can we extend H1B beyond six years for as many years as it takes for the visa numbers to become available? or to reach your Priority Date?

Please help.
Click to expand...

Scenario: 1

If you are ready to file your AOS, but date is not available? Now you are in 6th year want to extend 7th year?

If this is your case, your I 140 is already approved, PD is not available, you can not apply AOS, but you are eligible for 3 yrs extn. you can extend 7th, 8th and 9th year to gether.

Scenario: 2

Your labor (365 days) or I 140 is pending not approved, or labor is approved and I 140 is not approved, here retrogression does not matter to you, because you are not ready to file AOS, but you can extend your H1 - 7th, 8th and 9th year at the increment of only one year each time you extend.

Thanks to Bill Clinton. Previously people have to pack up and go home once their 6th yr h1 is over, even LC is pending more than 3 yrs.
 
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