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immifollower

3 year H1B Extension based on which GC Date

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Hello,

As there is a movement in terms of India's EB2 and EB3 dates for GC, I would like to know if the 3 year H1B extensions are given on basis of Date of Filing or Final Action Date. To give a scenario, let's assume a person is on his 9th year of H1B and has his latest H1B expiration in December 2020. He has an I-140 approved for more than 180 days from previous employer but is withdrawn after the person moved to the current employer. The current employer has just started the person's PERM process. His priority date is January 2011 in EB2. Now, as of today, the date of filing is June 2011 but the final action date is September 2009. So, if a h1b extension is filed for him, will he get a 3 year extension as the final action date is not current for his priority date or will his h1b extension be denied or given a 1 year extension because the date of filing date is current for his priority date. 

Also, what is the scenario if the person wants to take a new position with a different employer with above mentioned dates. Will he get a 3 year H1B transfer or be denied or 1 year H1B transfer?

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H1b extension is not connected to the DOF date, which was only introduced a few years ago. The basis of h1b extension is an approved i 140 and a non current PD ( as per the FAD). I don’t believe uscis grants the period of h1b extension based on how close you PD is to the FAD. That would entail predicting future movements. Assuming there are no discrepancies with the job, the extension should be standard 3 years.

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