Q about 3 yr. H1 extension beyond 6yrs..

rs_mangat

Registered Users (C)
Gurus,
I've heard that after the expiry of your H1 (after intial 6 yr. period) you can extend it by 3yrs instead of 1 yr (if your 485 is pending).
Has this rule been already implemented or still in the pipeline?

Please respond
 
Three years H1 extension is based on an approved I140 and I485 retrogression and my lawyer told me that it has been implemented and I'll be filing it soon.
 
You can apply for 3 year H1-B extension only if you are not able to apply for I485 becasue of retrogression.
If you have already aplied for I485 then you will be eligible only for 1 year extension.
 
Anil_Verma said:
You can apply for 3 year H1-B extension only if you are not able to apply for I485 becasue of retrogression.
If you have already aplied for I485 then you will be eligible only for 1 year extension.


If U have applied for 485 .. Instead of H1b extension .. go EAD ...

H1b xtension -- expensive, lot of paper work, dies if 485 gets killed.
EAD -- fast.easy, can apply on-line, may require a trip to ASC, dies if 485 gets killed.
 
Yes, if 485 dies, H1B is still valid, but EAD and AP both die since they come with 485. H1B is a non-immigration status, which has nothing to do with 485.

fiveice
 
its happening..

Hi
It has happened with one of my friend and his 485 is pending and already he was in H1 extn and he applied for the extn this year he got it for three years.... he got surprised... I donot know on whats rule INS is giving...
 
Source: http://www.immigration-law.com/
FAQ.

My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.
 
Hi,

I have applied for seventh year H1 extension, my attorney applied for 3 years, but they have approved only for 1 year 5 months only.

Bobby.
 
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