Only 6 yrs for one employer?

pm1012

Registered Users (C)
Hi everyone,

I need to do the H1B extension for my 8th year H1B and I am preparing my I140. I think I can have 3 yrs extension after I send out the I140.

However, my lawyer told me I will get only 2 yrs extension. It is because I have worked for this employer for 4 yrs already. For the same employer, you can only work for 6 yrs. After the 6th yr, you have to extend the H1B year by year no matter what status you are on.

Is it true? I have never heard about this.

Anyone has any idea?

Thanks.
 
Ya never heard about it. Just wanted to add that to get 3 year ext, the 140 need to be approved and not just applied.
 
I am with my first and only employer in my 8th year. I think your attorney is wrong. But there is no 3 year extension if you are in your 8th year. After the sixth year the extensions are one year at a time.

Good luck! :)
 
I think your attorney is wrong. There is no 3 year extension if you are in your 8th year.

Though the H1B type of visa/work permit has the validity limit only for 6 years. However in some specific circumstances an H1 can be extended beyond 6 years.

American Competitiveness in the 21 st Century Act of 2000 (AC21) and the 21 st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status.
 
razors_edge said:
I think your attorney is wrong. There is no 3 year extension if you are in your 8th year.

Though the H1B type of visa/work permit has the validity limit only for 6 years. However in some specific circumstances an H1 can be extended beyond 6 years.

American Competitiveness in the 21 st Century Act of 2000 (AC21) and the 21 st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status.

Actually, the can apply/file for it 6 months in advance, as long as the criteria is met (LC pending for 365 days). :)
 
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