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Can I Get H-1B Additional Extensions in
One-year Increments Because of the I-140 Pending

Dr. William:

I have sent my I-140 application to USCIS based on EB1-Outstanding Researcher about 3 months ago. My H-1B will expire next year June, after six years in H-1B status. Can I get H-1B additional extensions in one-year increments, before the final decision for my I-140 application from USCIS?

Answer:

The AC-21rule allows for additional extensions in one-year increments after H-1B 6-year limit, if the immigrant petition form I-140 has been filed and its priority date is at least 365 days; or an employment-based Immigrant visa petition has been approved and the I-485 application is still pending.

For your case, the priority date is less than 365 days, and you are not in the I-485 application stage. So you are not qualify for one-year extension after H-1B 6-year limit. If your H-1B expires, it is not legal staying in U.S. even the I-140 is pending. What you can do is to get the I-140 approval as soon as possible, and then file I-485 application and one-year extension before your H-1B expires, if the time is available.




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