Dr. William:

My employer filed the EB1-OR I-140 application for me three months ago. My H-1B status will be 6 years next year January. I want to know if I could qualify for the one-year increment extension of H-1B beyond 6 years, based on my EB1-OR I-140 application?

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Answer:

Once the pending Labor Certification application or I-140 petition or I-485 application passes 365 days until the "final decision" is made on any such application, the extension of H-1B beyond 6 years is available indefinitely in one-year increment. Here, the final decision includes revocation or denial, and such revocation or denial is not appealed. 

 

 

 

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