7 year extension - Priority Date approaching - Options???

[Boston_107]

Hello All,

I am facing probably unusual challenge of immigration and following is my case. Please provide me your valuable guidance on the situation. I greatly appreciate it!

Here is the case:

I am in my 6th year of H1B and have successful I-140 approval. Now, my priority date is approaching and it is estimated to be current for me in upcoming months. Due to the reason that I want to include my spouse in the GC application and the fact that I am not yet married, I am planning to NOT apply for I-485 when priority date becomes current.

Now, in this scenario what are the options for H1B extension for 7th year.

1. Can my employer still apply for my 7th year extension even if I choose to forgo priority date?

2. If my employer can apply for 7th year then are there any special constraints associated with it.i.e. it can be only one year extension, travel restrictions etc...

I appreciate any of the comments you have, thanks for your help in advance....

Regards,

Boston_107.

[Attorney_22]

Generally, an H1B Beneficiary is eligible for one year H1B extensions past the normal six year limitation when their priority date is current. You can also find additional information at the following link: http://www.murthy.com/news/n_pdcurr.html. If you have further questions please contact a qualified U.S. immigration attorney.

[MrSunny]

Hi,

Even though you are applying for I-485 when your PD becomes current, it's usually advised to file the H-1B aswell (if it's going to expire soon) just to be on the safe side and to avoid any status issues in the future. After completing the 6 years of extension, if you have an approved I-140, you can apply for an extension and you may get approved for 3 years depending on the client letter or the length of the project and other factors. I just got an extension for 3 years, after completing my 6 years of H-1B. My PD is current and I also applied for I-485. Hope this helps.