What is the Specific Law Interpretation for
the Extended H-1B Visa after the Possible I-485 Denial? 

Dr. William:

I would like to extend my H-1B visa beyond 6 years due to my pending I-485 application. What is the specific law interpretation for the extended H-1B visa after the possible I-485 denial? 


Answer:

The extension of H-1B visa beyond the 6 years is available indefinitely in one-year increment once the pending I-140 petition or I-485 application passes 365 days until the "final decision" is made on any such application. The final decision includes "revocation" and "denial," when such revocation or denial is not appealed. If you appeal the USCIS' decision, your H-1B status is still valid and may be able to extend the H-1B in one-year increment during the appeal period.

 

 

 

 

     

 

 

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