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  #1 (permalink)  
Old 11-01-2007, 07:25 PM
sab sab is offline
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sab is a jewel in the rough sab is a jewel in the rough sab is a jewel in the rough
Default H1 extension

I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.
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  #2 (permalink)  
Old 11-01-2007, 07:26 PM
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sab..

Since your I-140 is already approved, you will get a 3 year extension....
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  #3 (permalink)  
Old 11-01-2007, 07:36 PM
sab sab is offline
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sab is a jewel in the rough sab is a jewel in the rough sab is a jewel in the rough
Default Is this true

Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?
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  #4 (permalink)  
Old 11-01-2007, 08:00 PM
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Default

Depends on the availability of visa numbers at the time of applying for H1 extension...Had you applied for your H1 extension during July17 - Aug17 when dates were 'C'..you are right...you would have got a 1 year extension....

But if you are from a retrogessed country, then even though you have filed for I-485, there is no visa number available and hence you are eligible for 3 year extension...

I am assuming you are from either IN/CH/MX/PH and that your PD is not current...

This is only my interpretation...Kindly consult with a lawyer...
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  #5 (permalink)  
Old 11-01-2007, 08:01 PM
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wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute wandmaker has a reputation beyond repute
Default

Quote:
Originally Posted by sab View Post
Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?
1. Labor Pending for > 365 days = 1 year H1 extension
2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension

I guess, you will be #4
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*** Not a legal advice, use at your own risk ***
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  #6 (permalink)  
Old 11-01-2007, 08:44 PM
sab sab is offline
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sab is a jewel in the rough sab is a jewel in the rough sab is a jewel in the rough
Default Thanks

I am number 4.
Thanks for the info.
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  #7 (permalink)  
Old 11-06-2007, 08:09 PM
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Question What about I-140 pending for less than a year

Hi WandMaker,

I am currently on 9th year H1-B and my H1-B expires May 2008. I filed my I-140/I-485 in August and have received the receipt notices. My EAD got approved too.

Can I file for a 1 year H1-B extension based on a pending I-140 even though the I-140 is pending for less than 365 days ?
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