H1B extension after filing I-485

[gten20]

Gurus,

Is it true that you can only get 1 year extensions on H1B after your I-485 has been filed?

[Kesid23]

Gurus,

Is it true that you can only get 1 year extensions on H1B after your I-485 has been filed?

I don’t believe that is True.
I filed 485 in October , 2020
I filed for H1B extension in November, 2020 and it got approved in March, 2021 for 3 years .
My 485 priority date became current in March as well!

[qesehmk]

Gurus,

Is it true that you can only get 1 year extensions on H1B after your I-485 has been filed?
They internally have an excellent idea if you need more than one year. So if they only issued you one year extension - i would take that as a great sign that you are getting a GC approval within 1 year.

[vedu]

Gurus,

Is it true that you can only get 1 year extensions on H1B after your I-485 has been filed?

I don't think it is true. Many of us had our I-485 applications filed a decade ago, but we always got 3-year extensions. I am not certain...but this can be another attorney ploy to keep making money from the client on an annual basis. Once while reviewing my H1-B application prepared by the attorney, I noticed that he only asked for one year extension. I immediately alerted my employer and we got it changed to 3 years. You never know!

My most recent extension was approved in Jan, 2021 and it is for full three years.

[gten20]

I don't think it is true. Many of us had our I-485 applications filed a decade ago, but we always got 3-year extensions. I am not certain...but this can be another attorney ploy to keep making money from the client on an annual basis. Once while reviewing my H1-B application prepared by the attorney, I noticed that he only asked for one year extension. I immediately alerted my employer and we got it changed to 3 years. You never know!

My most recent extension was approved in Jan, 2021 and it is for full three years.

Thanks Vedu. While reviewing my application for H1B extenstion, I saw that my H1B extension was requested for one year by the law firm. I emailed and asked why the H1B extension is requested for 1 year when usually its always been a 3 year extension? The paralegal responded that since my I-485 is pending with USCIS, it only allows for 1 year extension. I have that response from the law firm in an email. I googled and couldn't find anything on USCIS website about H1B extension after filing I-485.

[gten20]

I don’t believe that is True.
I filed 485 in October , 2020
I filed for H1B extension in November, 2020 and it got approved in March, 2021 for 3 years .
My 485 priority date became current in March as well!

Thanks Kesid23. I wonder if in your case it was requested for 3 years as you did not receive a notice for I-485 application???

[gten20]

They internally have an excellent idea if you need more than one year. So if they only issued you one year extension - i would take that as a great sign that you are getting a GC approval within 1 year.

Thanks for your reply Q. The 1 year extension is requested specifically by the law firm in their premium processing letter to USCIS. My H1B extension application is not yet filed with USCIS.

[vedu]

Thanks Vedu. While reviewing my application for H1B extenstion, I saw that my H1B extension was requested for one year by the law firm. I emailed and asked why the H1B extension is requested for 1 year when usually its always been a 3 year extension? The paralegal responded that since my I-485 is pending with USCIS, it only allows for 1 year extension. I have that response from the law firm in an email. I googled and couldn't find anything on USCIS website about H1B extension after filing I-485.

That's how they try to cheat clients. Now you know why I don't have any respect for attorneys. Tell your employer that it is a lie and force them to change it to 3 years.

[qesehmk]

Thanks for your reply Q. The 1 year extension is requested specifically by the law firm in their premium processing letter to USCIS. My H1B extension application is not yet filed with USCIS.Hmm not sure why they would do that. Usually they should be asking for 3 years and it is really upto USCIS to make a determination if they grant 1 or 3 years.

[Kesid23]

Thanks Kesid23. I wonder if in your case it was requested for 3 years as you did not receive a notice for I-485 application???

I had already received the receipt for 485 before my H1B extension was filed.

[AceMan]

Thanks for your reply Q. The 1 year extension is requested specifically by the law firm in their premium processing letter to USCIS. My H1B extension application is not yet filed with USCIS.

Not worth pursuing. You are so close to the actual target of GC

[vedu]

Not worth pursuing. You are so close to the actual target of GC

What...making a minor change of 3 years from one year in the form is not worth pursuing? Are we that numb and scared of our employers/attorneys????

In immigration matters, we should always plan for the worst case scenario. God forbid...what happens if his I-485 gets rejected or gets stuck in an extended audit for some reason? Then he will have at least 3 more years to work in US.

[qesehmk]

What...making a minor change of 3 years from one year in the form is not worth pursuing? Are we that numb and scared of our employers/attorneys????

In immigration matters, we should always plan for the worst case scenario. God forbid...what happens if his I-485 gets rejected or gets stuck in an extended audit for some reason? Then he will have at least 3 more years to work in US.

Agree with Vedu. It is worth asking for the lawyer to request 3 years.

[gten20]

Not worth pursuing. You are so close to the actual target of GC


What...making a minor change of 3 years from one year in the form is not worth pursuing? Are we that numb and scared of our employers/attorneys????

In immigration matters, we should always plan for the worst case scenario. God forbid...what happens if his I-485 gets rejected or gets stuck in an extended audit for some reason? Then he will have at least 3 more years to work in US.


Agree with Vedu. It is worth asking for the lawyer to request 3 years.

Thanks Aceman, vedu and Q. Its not about being scared of lawyers. I don't want to be presumptuous. After all it's not my field of expertise. My friend applied for H1B renewal in December and got a 3 year extension. He had applied for AOS in Oct 2020 as well but had not received the receipts at the time of his H1B filing. His final action date is not current yet, just like mine. So I was wondering why my law firm said it can only do 1 year extensions. I do want a 3 year extension as my wife H4-EAD will be valid for 3 years vs 1 year of GC EAD. That way we would get most likely GC before the next potential renewal in Oct. 2024

I found this nugget in AC21 - page 4
https://www.govinfo.gov/content/pkg/PLAW-106publ313/pdf/PLAW-106publ313.pdf


(b) EXTENSION OFH?1B WORKERSTATUS.?The Attorney Gen-eral shall extend the stay of an alien who qualifies for an exemptionunder subsection (a) in one-year increments until such time asa final decision is made on the alien?s lawful permanent residence

I still don't understand why they are specifically requesting for 1 year. They can just remove that language. My employer is paying all the fees and they are doing premium processing on H1B and filing H4 and H4-EAD for my spouse, so I am not going to rock the boat. The juice is not worth the squeeze.

[vedu]

Thanks Aceman, vedu and Q. Its not about being scared of lawyers. I don't want to be presumptuous. After all it's not my field of expertise. My friend applied for H1B renewal in December and got a 3 year extension. He had applied for AOS in Oct 2020 as well but had not received the receipts at the time of his H1B filing. His final action date is not current yet, just like mine. So I was wondering why my law firm said it can only do 1 year extensions. I do want a 3 year extension as my wife H4-EAD will be valid for 3 years vs 1 year of GC EAD. That way we would get most likely GC before the next potential renewal in Oct. 2024

I found this nugget in AC21 - page 4
https://www.govinfo.gov/content/pkg/PLAW-106publ313/pdf/PLAW-106publ313.pdf



I still don't understand why they are specifically requesting for 1 year. They can just remove that language. My employer is paying all the fees and they are doing premium processing on H1B and filing H4 and H4-EAD for my spouse, so I am not going to rock the boat. The juice is not worth the squeeze.

Gten20,

Here is what I found on page 6 of an USCIS AC21 Memo dated May 30, 2008:

"Pursuant to AC21 ?104(c), an alien is eligible for an extension of H-1B status if the alien is the
beneficiary of an I-140 petition and would be eligible to be granted immigrant status but for the
application of per country limitations applicable to immigrants under INA ? 203(b)(1), (2) or (3).
Despite the title of AC21 ?104(c), referring to “one-time” protection, USCIS may grant such H-1B
extensions, in a maximum of three year increments, until such time as the alien’s application for
adjustment of status has been processed and a decision made thereupon. "

Here is the link:

https://www.uscis.gov/sites/default/files/document/memos/ac21_30may08.pdf

Hopefully, that addresses this issue.

[gten20]

Gten20,

Here is what I found on page 6 of an USCIS AC21 Memo dated May 30, 2008:

"Pursuant to AC21 ?104(c), an alien is eligible for an extension of H-1B status if the alien is the
beneficiary of an I-140 petition and would be eligible to be granted immigrant status but for the
application of per country limitations applicable to immigrants under INA ? 203(b)(1), (2) or (3).
Despite the title of AC21 ?104(c), referring to “one-time” protection, USCIS may grant such H-1B
extensions, in a maximum of three year increments, until such time as the alien’s application for
adjustment of status has been processed and a decision made thereupon. "

Here is the link:

https://www.uscis.gov/sites/default/files/document/memos/ac21_30may08.pdf

Hopefully, that addresses this issue.

Thank you so much Vedu. I am about to write an email to my law firm.

[gten20]

Got a response from the lawyer that under AC 21 law you get 3 year extension after I-140 is approved up until I-485 is filed. Once I-485 is filed you only get 1 year extensions. :(

[seepz123]

Got a response from the lawyer that under AC 21 law you get 3 year extension after I-140 is approved up until I-485 is filed. Once I-485 is filed you only get 1 year extensions. :(

I have filed I 485 in 2012, and have received multiple 3-year extensions after I485 filing, and the latest 3-yr extension was a few months ago

[vidya_garu]

Got a response from the lawyer that under AC 21 law you get 3 year extension after I-140 is approved up until I-485 is filed. Once I-485 is filed you only get 1 year extensions. :(

I received the same answer from my lawyer. I am getting ready to file I485 and I40 next month as my new employer's PERM got approved last week. My 6 months prior to H1B expiry is late May. So , have to file I140,485, H1 extension at the same time.

Pd Aug 13 2010 India

[vedu]

Got a response from the lawyer that under AC 21 law you get 3 year extension after I-140 is approved up until I-485 is filed. Once I-485 is filed you only get 1 year extensions. :(

Forget it. You tried and it didn't work. You lawyer is either misinformed or outright greedy, and the later is more possibility. Imagine for all the people from your company who filed their I-485 in 2012, your lawyer is charging, or should I say looting your company every year for those employes, their spouses, etc. Somebody needs to explain this to your employer, since it seems to be a good organization taking good care of immigration needs of employees as well as their spouses.

Any ways, your should get your GC before the end of this year.

[vidya_garu]

When is a realistic chance that I may receive my GC. MY PD is August 13 2010 , EB2 India, and will be filing I-140(Hopefully premium)+I485

[idliman]

When is a realistic chance that I may receive my GC. MY PD is August 13 2010 , EB2 India, and will be filing I-140(Hopefully premium)+I485
You will be filing on June 1st (per latest news on VB movement). One of the persons I know filed in Oct 1st week with I-140 premium and I-485 concurrently. His/her I-140 was approved in 2 weeks, got FP done, got EAD+AP, but still waiting for GC (7.5 months and still going on). In your case, there are lot more applications that went in in the last week of Oct 2020. Unless processing times improve dramatically, you are looking at atleast 6 to 10 months wait for GC. You cannot expedite it as the official I-485 processing times are anywhere from 12 to 30 months.