When is the Appropriate Time to File the H-1B 7th Year Extension?

Dr. William:

I filed my I-140 petition based on EB1-Outstanding Researcher more than one year ago, and the I-485 is still pending. But now I will reach my 6 years limit on H1B status soon. 

I know I can file the H-1B extension for 7th year, please let me know when is the appropriate time to file the H-1B 7th year extension.


Answer:

The American Competitiveness in the 21st Century Act of 2000 (AC21) allows an H-1B employer to file incremental one-year H-1B extensions annually, after the completion of six years on H-1B status. To qualify, an employee must have previously filed either an Labor Certification or an I-140 petition and that petition must have been pending for at least 365 days. The H1B holder may file the H-1B extension petition in 6 months before its expiration date. 

Recently, USCIS modified its earlier position on this issue that the H1B petitions may now be filed in advance of the date a Labor Certification or the I-140 petition has been pending at least 365 days, as long as the START DATE of the H1B extension is beyond the one-year point.

 

 

 

 

     

 

 

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