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The six year limit on H-1B status no longer applies to those who have pending I-140 employment based immigrant petitions or I-485 adjustment of status applications, provided a year or more has passed since the filing of either the Labor Certification to the Department of Labor or I-140 petition to INS. Their H-1B status can be extended in one-year increments until INS makes a final decision on the application for permanent residence. This provides relief to those who are caught in the lengthy backlogs in INS processing of permanent residence petitions. All other H-1Bs are still subject to the six year limit.

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