You can extend 2 year

based on the famous Yate memo.

Question 1. When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
Answer: No. Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the 6-year maximum period, when:
Memorandum for Service Center Directors, et al.
Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-
485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 8
A. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
B. 365 days or more have passed since the filing of an EB immigrant petition.
Once these requirements have been met, the alien may be granted an extension beyond the 6-year maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however, may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR 214.2(h)(15)(ii)(B)(1)

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回複:xiexie -radiology- 給 radiology 發送悄悄話 radiology 的博客首頁 (0 bytes) () 09/02/2006 postreply 15:14:42

And you do not do anything to recapture the year -mytwocents- 給 mytwocents 發送悄悄話 (78 bytes) () 09/02/2006 postreply 15:17:32

Another typo: You do not need to do anything. -mytwocents- 給 mytwocents 發送悄悄話 (0 bytes) () 09/02/2006 postreply 15:24:02

Reorganize the excerpt of the memo -mytwocents- 給 mytwocents 發送悄悄話 (1334 bytes) () 09/02/2006 postreply 15:22:03

回複:Reorganize the excerpt of the memo -ZHIYI2005- 給 ZHIYI2005 發送悄悄話 (604 bytes) () 09/02/2006 postreply 15:56:04

Every officer should know that your H1 -mytwocents- 給 mytwocents 發送悄悄話 (1683 bytes) () 09/02/2006 postreply 16:11:46

回複:Every officer should know that your H1 -ZHIYI2005- 給 ZHIYI2005 發送悄悄話 (196 bytes) () 09/03/2006 postreply 21:07:17

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