Seeking Advice on H-1B Extension Exception After Priority Date Lapse (EB-2 India)

[shyamss]

Hi everyone,




I’m looking for guidance on whether I can qualify for an H-1B extension exception given my situation:

• My EB-2 priority date is March 2011, and my I-140 was approved.

• My priority date became current more than a year ago, but due to a freeze on PERM and LCA applications, I couldn’t file for my I-485.

• I am currently on an L-1B visa and have an employer willing to sponsor my H-1B, but since my priority date has been current for over a year, I may not qualify for an extension under standard AC21 rules.




I’d appreciate insights from anyone who has successfully obtained an H-1B extension despite a priority date lapse or knows of any exceptions or precedents that could apply in my case. Specifically:

• Have there been approved cases where external factors (like employer restrictions) prevented filing I-485 on time?

• Are there legal arguments or USCIS policies that could support an exception in my case?

• How much weight does an employer’s support carry in such situations?

• Any strategies or documentation that might strengthen an H-1B extension request?




If you’ve been through something similar or know of cases where an exception was granted, I’d really appreciate your input. Thanks in advance for your help!

[Rosita928Ruiz]

Hello!
If external factors like PERM/LCA freezes delayed your I-485 filing, you may qualify for an H-1B extension exception by providing evidence of these delays and demonstrating compliance with other requirements. Strong employer support and thorough documentation can significantly Official Site strengthen your case. Consulting an immigration attorney is recommended for tailored guidance.