H1B Extension Issue

[punapuna86]

I have one year left in my first H1B cycle. What are the issues in going for extension now itself, so that I will have four years for second cycle.

Is there any advantage to holding on to first cycle for 3 yrs? in view of PERM or otherwise?

[shervin143]

Not sure what exactly you are asking. There is no such thing as cycles while filing the extension.

A H1B cap is valid for 6 years and you can keep filing extension until you have used all 6 years in that CAP. For filing extensions beyond the 6th year, you will need an approved I-140. The max years that one will get while filing a H1B petition is 3 years. It doesn't mean that you will always get 3 years. USCIS can approve the extension for less than 3 years (sometimes even months) if they suspect that the employer doesn't have work for that long. Extension can be filed only 6 months prior to the latest I-94 expiry date.

[punapuna86]

Not sure what exactly you are asking. There is no such thing as cycles while filing the extension.

A H1B cap is valid for 6 years and you can keep filing extension until you have used all 6 years in that CAP. For filing extensions beyond the 6th year, you will need an approved I-140. The max years that one will get while filing a H1B petition is 3 years. It doesn't mean that you will always get 3 years. USCIS can approve the extension for less than 3 years (sometimes even months) if they suspect that the employer doesn't have work for that long. Extension can be filed only 6 months prior to the latest I-94 expiry date.

Thanks for your response. Are you sure about your last statement " Extension can be filed only 6 months prior to the latest I-94 expiry date."

My I-94 expires on 1st SEP and my law firm advised that we could file H1B extension to extend the I94.... They dont seem to be bothered that my I-94 expires in less than 2 months... Note however my I797 is valid till Dec 16...

[shervin143]

I guess you misunderstood what I was trying to say. The earliest that an extension of status can be filed is 6 months before the I-94 expiry date. If your I-94 has a validity of more than 6 months, then you cannot file the extension now. If your I-94 has a validity of less than 6 months, then the extension can be filed anytime before the I-94 expiry date. My earlier response was based on your question where you mentioned that you still have 1 year left on your approved H1B.

Thanks for your response. Are you sure about your last statement " Extension can be filed only 6 months prior to the latest I-94 expiry date."

My I-94 expires on 1st SEP and my law firm advised that we could file H1B extension to extend the I94.... They dont seem to be bothered that my I-94 expires in less than 2 months... Note however my I797 is valid till Dec 16...