H1 extension after 9 years?

[tinuverma]

Hello friends,

I was watching immigration - a program on TV asia where the lawyer mentioned that "after 6 years you can get a 3 year extension of h1 visa if you have an approved I-140....." which is my case. I will be completing my 9 years next year. He added another line that "...after that you have to leave the country and come back after one year's gap."
Is that true? I assumed I could renew it for another one/three years and continue till I get my green card. Does this mean that after nine years, EAD is the only way to go?

Please confirm.

[nozerd]

Wow thats new to me. I am currently on my 10th yr of H1 and the way things are going I may neeed to apply for 11th or (11-13th yr) extension this year (depending on when EB2 India becomes Unavailable).
I personally havent heard about not being able to get H1 extended. Lawyers may not know as this is uncharted territory as I guess when these rules were written no one expected ppl to spend 9-10 plus yrs on H1. They would either have got their GC or be back home.
Let me know what more you find. I would hate being forced to go on EAD.

[desi3933]

Originally Posted by tinuverma

Hello friends,

I was watching immigration - a program on TV asia where the lawyer mentioned that "after 6 years you can get a 3 year extension of h1 visa if you have an approved I-140....." which is my case. I will be completing my 9 years next year. He added another line that "...after that you have to leave the country and come back after one year's gap."
Is that true? I assumed I could renew it for another one/three years and continue till I get my green card. Does this mean that after nine years, EAD is the only way to go?

Please confirm.

There is no such requirement.

3 year H1 extension is permitted if I-140 is approved and PD is not current. If PD is current then employer can request only 1 year extension.

There is no limit to how many times such extensions can be sought.

____________________
Not a legal advice.
US Citizen of Indian Origin

[tinuverma]

Thanks. The lawyer saying that got me nervous. I am in my 8th year of H1.

Cheers
D

[desi3933]

Originally Posted by tinuverma

Thanks. The lawyer saying that got me nervous. I am in my 8th year of H1.

Cheers
D

Well, if you are nervous, please schedule a consultation with your attorney and he/she will tell you what I mentioned in my post.

That TV Asia lawyer got it wrong. As per HR 2215, the H1 extension is permitted as long as I-140 is active and pending/approved OR labor is pending > 365 calendar days.

You may also read HR 2215 (21st Century Department of Justice Appropriations Authorization Act) yourself and find it out.

____________________
Not a legal advice.
US Citizen of Indian Origin

[solaris27]

you should get 3 year ext

[synergy]

You will get 3 year extension (If 140 is approved and waiting) until you get your green card.