Three year incremental extensions after six years in H1B

K

koy

New Member
I saw a recent news from USCIS that the H1B extensions after completeing six years can be done for more than one year at a time depending on the pending GC application if the projection as per the retrogression takes more years.Please post your experiences if anyone has tried for this.I would really appreciate if you give some ideas about the supporting documents that should be provided while applying for this.

Here is the link
http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf

Page 10 of 12 and Page 11 of 12
Question 2 and Question 3

III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME
PROTECTION UNDER PER COUNTRY CEILINGâ€￾ PROVISION OF §104(C) ALLOWING
EXTENSION PAST THE H-1B 6-YEAR LIMIT

Question 2. If an alien qualifies for an extension past the H-1B 6-year
limit under §104(c), may an extension be granted for a period of up to
three years?

Answer: Yes, provided all other H-1B statutory and regulatory
requirements are met (e.g., the petition must request three years, and
include a Labor Condition Application covering such period).

Question 3. If an alien qualifies for an extension past the H-1B 6-year
limit under §104(c), may more than one extension be granted?

Answer: Yes. USCIS recognizes that in some cases, because of per country

visa limitations, it may take more than three years for the alien to be
eligible to adjust. Thus, despite the reference to a “one-time
protectionâ€￾ a qualifying alien may be granted more than one extension
under this provision.
 
Last edited by a moderator:
I am desperately waiting for the GURUS to share some input on this topic. If it true then is really really good for us. God Bless America. THanks.
 
How to take the advantage of this One-time protection rule?

How to take the advantage of this One-time protection rule? My I-140 is already approved and I-485 is pending as the dates not current. I recently applied (before this rule came out)for my H1B 8th year extension and got the receipt notice. Now how to request USCIS to give 3 year extension instead of just one year. Should I withdraw the one which I filed recently and file new one for 3 years. OR is possible to send any additional docs/ forms alongwith the new LCA for 3 years to get the H1B for 3 more years?

Thanks in advance,
 
gc_2006 said:
dates need not be current for I-140 application, only for I-485.
You can still file I-140 and get extensions.
Click to expand...

Hello, his I 140 is already approved. You want him to file I 140 again. Date current always pertaining to AOS, that is well understood in the forum???
 
7th year extension with 485 filed

Is it possible to file 7th year extension if your have already filed 485 and also you have the EAD?
 
neocor said:
Is it possible to file 7th year extension if your have already filed 485 and also you have the EAD?
Click to expand...
Yes, ifyou do not want use the EAD, or AP but during that process your I 485 got approved, your h1 may get rejected. Since I 485 approval intimation come late and H1 rejection come first, you should not get panic.
 
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