H1b extension beyonds 6 years after pd is current

Apple zrqx75
Feb 16 5 Comments

I have already used up 6 years and extended my H1B based on approved 140.
AC 21 says that you can no longer extend more than 6 years if your PD is current for at least one year and you didn’t file AOS.

The problem here is, if I change an employer, I have to file PERM and 140 again. At the same time, I cannot file AOS even though my PD from old I140 is current. Will this trigger the rule mentioned above so that my future H1B extension will be denied because I fail to file AOS within one year of visa availability?

This feel so unreasonable since PERM by new employer can take long time.

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TOP 5 Comments
  • Apple zrqx75
    OP
    Because I have already submitted H1B transfer to another employer last December before PD being current. I don’t want to give up the offer as it is very attractive.

    Thought about filing PERM immediately after I start from new employer and also DIY a national Interest waiver 140 at the same time.
    Feb 16 0
  • Bayer ndmz64
    Why aren’t you submitting AOS yet? even with PD current it is taking 18-24 months for USCIS to process I-485.
    Feb 16 0
  • Intel karishma
    I see, I assumed you are Indian which probably you are not if your PD is current. I think if your PD is current and you don’t file for AOS you can’t extend beyond 6 years. If you file for AOS you can extend one year at a time. If your PD is not current then you can extend 3 yrs at a time.

    Usual disclaimer : I am not a lawyer ..
    Feb 16 0
  • Apple zrqx75
    OP
    Not quite understand what you meant. My PD is 2015. I have already extended H1B once for 3 years. The problem is after PD being current, I can not extend any more. But if I want to change employer, I don’t want to file AOS right now either.
    Feb 16 0
  • Intel karishma
    Of right now is 2008. That makes it more than 10 years. Have you extended it twice ?
    Feb 16 0

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