3/29/2005

The USCIS will grant the H1B one year extensions in certain, specific instances. First, in cases where the labor certification has been filed for more than 365 days, and is still being processed at the state level. Second, when the labor certification was filed and denied after 365 days and an appeal of the labor certification denial is pending. Third, when the labor certification was approved after 365 days and an I-140 petition filed separately, on its own, is pending. 

Presumably, these situations were mentioned because there may have been some confusion about eligibility either by the Service Center or practitioners. Again, this does not mean that the H1B extensions will not be granted in other qualifying circumstances. 

Other examples not mentioned would be in cases where the labor certification has been pending more than 365 days and is at the federal level, or where the labor certification was filed more than 365 days earlier, approved, and the I-140/I-485 are both filed and pending. 

The USCIS will NOT grant one-year incremental H1B extensions if the labor certification has been filed and was approved 9 months prior but, for some reason, the I-140/I-485 package has not yet been filed. In addition, the USCIS will NOT grant an H1B extension if the labor certification, filed over 365 days prior, has been approved but the beneficiary has run out of time in H1B status, even if the beneficiary intends to consular process for his/her immigrant visa. This is because an H1B extension is only available for a person maintaining H1B status on the date of filing the extension.

 

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