I-140 approved but only 1-yr H1B extension

S

songlan

Registered Users (C)
Hi,

My paralegal attroney is filing my H1B extension. I'm in my H1B 6th year. He told because I got 3-yr extension already, so he is filing with 1-yr extension. I have my I-14- approved. I need to the link from DOS states 3-yr extension is eligible. Does anyone know ?
Thanks
 
Yes. You should be able to extend 3 yrs if your PD is retrogressed. I have extended my H1 and H4 for 3 yrs (it will be my 10 yrs as H1 after I consume that 3 yrs) due to my I140 approval and PD retrogressed. But you have to request it explicitly. Here's what we put in the cover letter:

"Pursuant to the American Competitiveness in the Twenty-First Century Act Section 104(c), H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits are eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-lB nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The intended period of employment is three years from <date of H1 expiration> until <add 3 yrs>."

Hope this helps.

Thanks.
Wh1zky
 
Thanks for info.

Off-topic: Many times I found myself have to explain a profession how to do their job. As most of h1B slaves, I also do the HELPDESK jobs (I am titled as Network admin ...), then one day a Java Developer guy call for help. It turns out his Java code is a s...t !! He blamed for the hardware . I have to sit down, debugged his code. Guess what ? his salary is triple than mine !!!

Of course I can deny his request. However, H1B worker always wants to be in peace until the day he gets GC.


wh1zky said:
Yes. You should be able to extend 3 yrs if your PD is retrogressed. I have extended my H1 and H4 for 3 yrs (it will be my 10 yrs as H1 after I consume that 3 yrs) due to my I140 approval and PD retrogressed. But you have to request it explicitly. Here's what we put in the cover letter:

"Pursuant to the American Competitiveness in the Twenty-First Century Act Section 104(c), H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits are eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-lB nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The intended period of employment is three years from <date of H1 expiration> until <add 3 yrs>."

Hope this helps.

Thanks.
Wh1zky
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