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.
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.
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 ..
Why aren’t you submitting AOS yet? even with PD current it is taking 18-24 months for USCIS to process I-485.
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.
I think you can extend by one year, can’t you?
Of right now is 2008. That makes it more than 10 years. Have you extended it twice ?