Dr. William:

I have sent my I-140 application to USCIS based on Outstanding Researcher, and I am waiting for the result. But my H-1B will expire soon after six years. I want to know if I am eligible for applying for 7th year H-1B extension, due to my I-140 application and pending?

 

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Answer:

If your priority date is more than 365 days, you can apply for 7th year H-1B extension, due to your I-140 application and pending. Also, according to USCIS I-140/I485 concurrent filing rules, you can also file an I-485 and request an EAD. A pending I-485 would allow you to remain in U.S. legally.