Questions and Answers > Other Eb-5 Questions

Can I extend H-1B visa beyond six years with a pending I-526?

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

  Immigration Attorney

  Answered on March 2, 2020

  No, 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

  Immigration Attorney

  Answered on February 27, 2020

  The extension of the H-1B is not like going to be approved.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on February 26, 2020

  You can only extend the H-1B beyond the 6th year with an approved I-140 petition, not with the I-526.

• BoBi Ahn

  Immigration Attorney

  Answered on February 26, 2020

  No. 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.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 26, 2020

  Is there an approved I-140? If so, then yes.

• Dale Schwartz

  Immigration Attorney

  Answered on February 26, 2020

  We 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.