回複：回複：More on AOS/HB1

Thanks. Do you have some legal document that supports your opinion? I have to convince our immigration specialist, who thought that I was not eligible for the extension of H1B, and must work on EAD.


Also, attached below is some info I got from Web, according to it, since my PD is already current, I'm not qualified for the extension. Any comments? Thanks.



"In theory, the maximum duration of the H-1B visa is six years (ten years for exceptional Defense Department project-related work). H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa.

There are generally two exceptions to the 6 year duration of the H-1B visa:

If a visa holder has ted an I-140 immigrant petition or a labor certification prior to his 5th year anniversary of having the H-1B visa, he is entitled to renew his H-1B visa in 1 year increments until a decision has been rendered on his application for permanent residence.
If the visa holder ha has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to his priority date not being current, he may be entitled to a 3 year extension of his H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000 "