Having read the info that post 6 years H-1B (with an LC filed one year ago and approved I-140) can be extended in increment of 3 years instead of 1 year due to the visa retrogression. I wonder whether anyone has got your post 6 years H-1B approved 3-year extension. Have you ever requested your attorney to do so?
Have you seen post 6 years H approved 3-years extension due to the VR?
- Thread starter immiqs
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Because we are discussing the General I-485 and Related Issues, my question is related to one is in the post 6 years H-1B status with the I-485 pending and cannot be completed due to the visa retrogression. So the ginnu’s answer (upper level) is not a direct one to my question.tammy2 said:
Tamm2, can you detail two cases you have seen. Were their I-485 pending when they requested for the post 6 years H extension?
485_spouse
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gcwagon said:
Are you sure? I checked with my lawyer and he says it is not allowed!!
I filled my H1 extension papers last week.
Time to change your lawyer 
From Murthy.com
H1B Three-Year Extensions Permissible
Fifth, a person with the Labor Certification and the I-140 petition approval enjoys the added benefit of the ability to obtain three-year H1B extensions only as long as there is retrogression. This represents a huge savings each year for the employer and employee. Instead of having to spend thousands of dollars each year on H1B extensions for the principal and H-4s for all dependents, the entire family is allowed to file and obtain three-year H1B and H-4 extensions.
485_spouse said:
From Murthy.com
H1B Three-Year Extensions Permissible
Fifth, a person with the Labor Certification and the I-140 petition approval enjoys the added benefit of the ability to obtain three-year H1B extensions only as long as there is retrogression. This represents a huge savings each year for the employer and employee. Instead of having to spend thousands of dollars each year on H1B extensions for the principal and H-4s for all dependents, the entire family is allowed to file and obtain three-year H1B and H-4 extensions.
The info you provided is the same as ginnu’s posting, a person with the Labor Certification and the I-140 petition approval. It does not answer my question directly. There are two situations. One can have a Labor Certification and the I-140 petition approval but cannot file I-485 due to the visa retrogression. There is no doubt. He can request for post 6 years H-1B extension for 3 years. My question is regarding the second situation. One has already filed his I-485 but cannot be completed due to the visa retrogression. Can he request for the post 6 years H-1B extension in increment of 3 years instead of 1 year? Is such a 3-year extension approvable?gcwagon said:
Surprise 3 yr extension
My H1 and H4 recently got approved from the Nebraska Service Center. I was approved for 3 yrs when they should have approved it only until 9/30/2006. If you see my signature you will note that all i have is a pending I-140 filed sept 05. The same day my H1/H4 were approved the LUD on my 140 also changed. I am guessing they updated my 140 case..Now I am presuming that my 140 is 'almost' considered approved based on this 3 yr extension..but who knows !!! havent got any rfe's so far
I am surprised but hey ..i cant complain either.
tammy2 said:
My H1 and H4 recently got approved from the Nebraska Service Center. I was approved for 3 yrs when they should have approved it only until 9/30/2006. If you see my signature you will note that all i have is a pending I-140 filed sept 05. The same day my H1/H4 were approved the LUD on my 140 also changed. I am guessing they updated my 140 case..Now I am presuming that my 140 is 'almost' considered approved based on this 3 yr extension..but who knows !!! havent got any rfe's so far
I am surprised but hey ..i cant complain either.