07/29/10
Can We Extend Our Employees H-1B Past 6 years?
H-1B employees are eligible for 1-year extensions of status beyond the normal 6-year limit if the applicant is the beneficiary of a Labor Certification or an Immigrant Petition (I-140) which was filed at least 365 days previous, per Section 106(a) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21 §106(a));H-1B employees are eligible for 3-year extensions of status beyond the normal 6-year limit if the applicant is the beneficiary of an approved Immigrant Petition (I-140), but is prevented from filing I-485 because of the quota backlog , even if the Labor Certification or I-140 was filed less than one year previous, per AC 21 §104(c); and
Employees who have filed for Adjustment of Status (I-485) may continue to extend their Employment Authorization Document and Travel Document while the case is pending.