I am on H1 but I have applied I-485 as derivative, I got the EAD about 4 months ago , currently I am working on H1 Can I renew H1 for 7th year ( I know my husband can cause he is primary applicant). I have checked different forums some people say yes you can some says no you cannot.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I have checked different forums some people say yes you can some says no you cannot.
- Thread starter fahim_su
- Start date
Only the principal applicant (who has LC/I-140/principal EB I-485 pending) can file for H1 extension beyond 6th year. You can not file for H1 extension since you do not have any LC/I-140/ EB immigration petition pending, only derivative petition. Derivative applicants are only eligible for H4 extension based on their spouse's H1.
See AC21 Section 106 E, lenghty adjudication is possible only if
(a) H1B is the beneficiary of an EB Immigrant petition OR an application for AOS AND
(b) 1yr from LC or I140
Since you dont satisfy condition b you are not eligible for 7th year extension (For a copy of the June 2001 memo search isn.com)
(a) H1B is the beneficiary of an EB Immigrant petition OR an application for AOS AND
(b) 1yr from LC or I140
Since you dont satisfy condition b you are not eligible for 7th year extension (For a copy of the June 2001 memo search isn.com)