Obtaining H-1 Extension beyond 6 years [1]
Submitted by Chief Editor on
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
- for PERM cases - the date it is received by the DOL; and
-EB-1 and National Interest Waiver cases; when the I-140 is officially filed with CIS.
Second, if your I-140 has been approved but you cannot file I-485 because your priority date has retrogressed, you can get H-1 extensions (most probably) in chunks of three years each time.
You are permitted to apply for an extension 6 months ahead of time, as long a you meet one of the above two criteria on the requested start date of H-1.
Comments
Ramesh replied on Permalink [5]
H-1B beyond 6 years and out of country [5]
Hoping you can provide some high-level clarification for my questions below
I am on H-1B, have an approved I-140 and already used the initial 6 years of my H-1B. If I go out of country for more than a year and want to come back to the US,
1. If my H-1B is still valid, can I come back to US with the same H-1B for the same employer, but with a new role, or do I need to file an amendment?
2. Do I still qualify for cap-exempt or apply for fresh/lottery H-1B?
3. Can I change to L-1A and retain my priority date (because the I-140 priority date was based on my H-1B employment).
Please advise