Comments on: 7th Year H-1B Extensions Under AC21 104(c) and 106(a) – Statutes and USCIS Guidance

By: Kyle L

Kyle L — Tue, 30 Sep 2008 14:01:13 +0000

Dear John C. I have a question, I have one year left on my 6 year H1B and my current employer (B) went through a bankrupt and a new firm (C) is taking over my old firm and my H1B is being transferred.

I have a I-140 approved from my previous employer (A) and my new employer (C) will start EB2 on my behalf. I assume that my I-140 from employer (A) has been revoked and I wonder if I can use the I-140 approval notice to extend my H1B beyond 6th year with Employer (C).

Thanks!

By: Linda

Linda — Fri, 12 Sep 2008 21:44:27 +0000

I am disappointed at the rate the F1 category is moving, I was really hoping that they would at least work on PD June,02 before this year was finished but I guess only God has to make that possible. Keep your fingers crossed guys! all things work together for good to those that love him and those that are called according to his purpose.

By: subhash

subhash — Mon, 08 Sep 2008 20:31:33 +0000

my i 140 denied but my h1b visa exp 2008 oct
can i get more 3 years ext. this is my 1st ext. i use my h1b obnly 3 years.

dave

By: John C

John C — Sun, 16 Mar 2008 15:04:20 +0000

@KJ: No. Labor must have been pending 365 days and/or I-140 must be approved. @M Shin: No, it must be filed before the start of the sixth year. But if you have been outside the US at all while you were in H-1B status, you might be able to extend H-1B status by recapturing time spent outside the US. And if there is enough time to recapture, you might be able to push that labor certification filing date more than 365 days before the expiration of H-1B status, making you eligible for a new H-1B extension beyond the sixth year based on the labor certification filing. The I-140 processing times can be found here.

By: M Shin

M Shin — Sun, 16 Mar 2008 02:35:47 +0000

What happens if Labor was filed in the 6th year of H1B, does this qualify for extension using that labor and please advice on I140’s processing time if possible.

By: K.J.

K.J. — Wed, 05 Mar 2008 16:41:03 +0000

What happens if Labor is less than 365 days but is approved? does this qualify for extention using that labor?

By: John C

John C — Thu, 21 Feb 2008 07:39:07 +0000

Hi, Asmita. So long as you are eligible to adjust your status but for per country limitations, an extension will be granted. I think the answer to your question is yes, but I’m not familiar enough with your case to comment directly.

By: Asmita

Asmita — Thu, 14 Feb 2008 00:32:50 +0000

Thank you for the great article! With your expertise could you please answer if it is possible to do the following.

Employer A (1-140 approved) — switch to—> Employer B (extend 3 years) — switch to—> Employer C (is it possible to extend another 3 yrs since I-140 is approved from A)

This is assuming that the I-140 is not revoked and that the dates for my country are still backlogged.

Thanks for your time!

By: John C

John C — Mon, 28 Jan 2008 16:19:14 +0000

@Swapnil: The H-1B extension can be applied for beyond the six year limit even though the I-485 has been filed and the I-140 is approved.

Under AC21 106(a), H-1B status can be extended “until such time as a final decision is made on the alien’s lawful permanent residence.”

And yes, it’s almost always advisable to keep the H-1B status until the I-485 is approved and the Green Card is received.

By: Swapnil

Swapnil — Thu, 24 Jan 2008 18:52:59 +0000

Question on H1B extension:
Does the extension beyond 6yr limit apply to a person who has already filed I485 based on approved I140?
I hear suggestions to keep on H1B in case I485 land into trouble somehow. So this question. Although a followup question would be, would such an extended (beyond 6th yr) H1B (if can be done) provide a real safety net in case I485 get’s denied?