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psakhan

H1B 6 YEAR MAX OUT BY NOV 2021, I-140 filed < 365 DAYS

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Hi All,

My H1B max-out is on 08-Nov-2021 and my I-140 filed on 18-Dec-2020 and waiting for the approval.
My I-485 and I-131 are also filed on 15-Apr-2021 and waiting for approval.

As per AC21 act, H1B can be extended for 1 year if I-140 filed 365 days before H1B max out date.
In my case, I-140 filed less than 365 days to max out date. I would be staying in USA with I-485 on unpaid leave for a couple of months after H1B max out date. After 18-Dec-2020, Am I eligible to extend my H1B for 1 year as 1-140 file date is crossed 365 days ?

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