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MaryBloom23

H1B extension beyond 6 years, I-485 filed but PD not current?

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Hi,

My EB1 I-140 was approved in 2018, and based on this H1B extension of 3 years after completion of 6 years was also approved. Now, I have to file an H1B amendment for promotion. Per the October 2020 visa bulleting, I am eligible to file the I-485 under 'Dates of filing' chart, but my priority date is still later than the 'Final action date', so is not current. 

My question is: when I file for the H1B amendment, can I still request a 3-year extension since my priority date is not current? Can I do that even if I file the I-485 under 'dates of filing' chart?

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If your PD is in Final Filing Dtaes you can go ahead and apply for I485.

Since you have EB1 I140 approved I feel your petitioner will submit H1B petition for 3 years.

I may be wrong.

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