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H1B, I140 and PD is current

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My current situation:

I have been with Employer A for very long time and got through PERM and I140 processing. 

Moved to Employer B in 2019, got 3 year valid H1B with transfer. Current H1B expires June 2022

Company B has just started PERM process after lot of delays due to COVID last year. 

Now my PD is current (Final Action Date)

I am way past the 6 year mark on H1B. Is there a possibility to get H1B extension next year with my situation? Is it true that H1B cannot be extended if PD is current at the time of filing H1B extension? Any thoughts? Really appreciate you guys feedback.



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H1B can be extended in 1yr increments when PD is current and I-485 is not filed. This is true for both renewals and change of employer petitions. Renewals can be done until final AOS is adjudicated. Relevant section is 106(b) under AC21.

Some attorneys say that you can still get 3 year extensions under 104(c) if it is change of employer petition. Don’t know if this is true or not.


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