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Rakesh Nair

Clarity on 1 year rule

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Dear All,

As per my understanding, I thought a person can always request for a 1 YR H1B extension, with an approved I-140 even after the

Priority date is current. I read somewhere that as per new rule a person can only request 1 YR H1B extension only "within"

1 year time frame after the Priority date is current as per visa bulletin. After the one year time frame the person cannot request for H1B extension even with approved I-140. I have an approved I140 (approved for more than 180 days) with an old employer but could never use it for filing 485...

Please help provide some clarity.

Thank you,

Rakesh 

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On 6/13/2021 at 11:49 AM, Rakesh Nair said:

Dear All,

As per my understanding, I thought a person can always request for a 1 YR H1B extension, with an approved I-140 even after the

Priority date is current. I read somewhere that as per new rule a person can only request 1 YR H1B extension only "within"

1 year time frame after the Priority date is current as per visa bulletin. After the one year time frame the person cannot request for H1B extension even with approved I-140. I have an approved I140 (approved for more than 180 days) with an old employer but could never use it for filing 485...

Please help provide some clarity.

Thank you,

Rakesh 


I am in the same situation where my PD will be current in next VB and trying to change employer. I have not yet filed I-485.

To the best of my knowledge one can get unlimited 1yr H1B extensions/change of employer time until AOS is adjudicated. This is when PD is current and I-485 is not filed. Also people maintain H1B status when on I-485 and leave employer on H1B before I-485 is adjudicated.

Also I don’t know if recapture time during original H1B can be used. Attorney can confirm on these points.

Edited by aasandsas

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