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H1B 6-year rule changed?

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  • H1B 6-year rule changed?

    Is it true that there are some recent changes in INS regulations about the 6-year rule for H1.

    According to the new rule now we can extend the H1B
    infinitely for one-year periods after the initial 6 years;
    If we just apply for labor before the expiery of the 6 year period through the employer, then can we extend our H1 for one year period infinitely till weu get a decision on our greencard ?

    I was unable to find anything on the ins.gov site. IS THIS INFORMATION TRUE ? PLEASE RESPOND.

  • #2
    Yes that is correct, as long as your I-140/485 is pending with INS and you never become out of status, this law applies to you. Your EAD will be renewed/extended on yearly basis untill you get some deceision for INS for your GC

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    • #3
      Thank you very mych for your reply.

      I have another question

      How long must I-140 be pending with the INS for them to consider me for extension of my H1 after its 6 year cap expires ?

      Thank you once again.
      Radha.

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      • #4
        The I140/I485 must have been with INS for more than one year to get the yearly extensions after the 6th year.

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