Strange rejection from lawyer for h1 3y extenion(H1B approaching 6y, 485 pending 2y)

[majorsun]

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

I am sure this is not the case, but I don't know how to argue against him. Can someone confirm this is wrong? Are there any references I can present to him?

Thanks very much.
Qi

[Caliber]

Originally Posted by majorsun

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

Qi

Your attorney is correct. You can not get 3 year H1 extension on your husband's approved 140. Unless you have an approved labor/140, you can not get H1 extensions after you complete 6 years on your H1. You will have to switch to EAD.

[ujjwal_p]

Originally Posted by majorsun

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

I am sure this is not the case, but I don't know how to argue against him. Can someone confirm this is wrong? Are there any references I can present to him?

Thanks very much.
Qi

I believe he's right and you are wrong. 3 year extension of H1-B is possible if YOU have an approved I-140 petition. It appears that you don't and you only have a pending I-485 filed based on your husband's I-140. That doesn't qualify you for a 3 year extension on your H-1B. Your husband can get a 3 year extension though on his approved I-140. Looks like you have a Labor pending to get the one year extension.

[majorsun]

Looks like I will have to do it annually :-( Anyway, I am hoping to get my EAD before the next renewal so I don't have to do this again and again.

Thanks all for replying so quickly!

[vipul_pandey]

Also,

please bear in mind that you'll get only one 1-yr extension (since you are in your 5th year) UNLESS you have a labor pending for yourself. If you don't have a labor pending then at the end of 6th year your h1 will expire and you'll NEED an EAD to work.

best wishes!