What determines a 1-yr or 3-yr extension by USCIS?

D

dcmetro22042

Registered Users (C)
I would like to know what particular line item in form 129 allows USCIS to make a decision on granting a 1-yr or a 3-yr extension assuming that 140 approval has already been received by the individual and that his/her 485 application is pending.
My lawyer just filed my h1b extension and I want to make sure he has asked for 3-yr extension and not just 1-yr.

Thanks.
 
Even though the 140 approval is attached as part of the exhibits? If that is true, I shall have to have a serious discussion with my lawyers.
Worst case, is there a way to amend the petition? They sent the application just on the day my H1b status expired (dec 15th). Hope the amendment (is possible) would keep the original date of filing. We have surprisingly not yet received the receipt notice though.
 
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Why do you think CIS will give you more than what you ask ? Petition is what you are asking for.
 
Point taken.

Worst case, is there a way to amend the petition to 3 years? They sent the application just on the day my H1b status expired (dec 15th). Hope the amendment (is possible) would keep the original date of filing. We have surprisingly not yet received the receipt notice though.
 
dcmetro22042 said:
Point taken.

Worst case, is there a way to amend the petition? They sent the application just on the day my H1b status expired (dec 15th). Hope the amendment (is possible) would keep the original date of filing. We have surprisingly not yet received the receipt notice though.
Click to expand...
I believe amendment works.
 
Yes. My 140/485 was concurrently filed. While my 140 was approved sometime back, my 485 is under retrogression..as you shall be able to see from my sign.
 
H1 Extension

Hi Guru's

Please advice the following:
I have 140 approved and 485 pending and I am on the 6th year of my H1b. can I apply for 3 year extension? The availability of Visa number for new H1b visa applies in my case?

also can you point me to any INS article about it.

thanks
 
You can extend your H1 beyond 6 yrs period for 3 yr extension.

Kolkata68 said:
Hi Guru's

Please advice the following:
I have 140 approved and 485 pending and I am on the 6th year of my H1b. can I apply for 3 year extension? The availability of Visa number for new H1b visa applies in my case?

also can you point me to any INS article about it.

thanks
Click to expand...
 
Plus you must be subject to the visa number retrogression at the time of filing; otherwise, you can't but one year increment only.
 
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