I have a valid H-1B visa that is set to expire in 2022 as it will be the 6th year. Can my employer apply for an extension of the H-1B with my current I-526 pending?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyNo, you can only extend your H-1B beyond six years if you file a PERM and/or I-140 that is pending at least 12 months.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyThe extension of the H-1B is not like going to be approved.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyWe do not think the immigration service will allow you to extend an H-1B beyond six years merely because an I-526 is pending. They would allow it to be extended if an EB-1,2 or 3 is pending, but not an EB-5, according to the regulations.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyIs there an approved I-140? If so, then yes.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyNo. The regulation is that you need to be the beneficiary of an approved I-140 petition, or a beneficiary of a labor certification application that was filed over 365 days ago, in order for you to extend beyond six years.
Mark AM Catam, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can only extend the H-1B beyond the 6th year with an approved I-140 petition, not with the I-526.
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