that was VO's misktake, 3 years for sure

If an H-1B visa holder has an approved I-140 petition AND the immigrant visa number is not available for him/her due to the visa retrogression (not eligible to file I-485 due to visa number issue), the H-1B visa holder may extend his/her H-1B on a three-year interval beyond 6-year limitation. There is no 365-day requirement for this circumstance.

For example, Mr. Wang is an engineer from China and he retained our firm for a PERM case when he only had about ten months left for his total six-year H-1B period. Our firm successfully received PERM approval within six months and filed I-140 immediately. Due to the visa retrogression to China, Mr. Wang was unable to file I-485 together. Fortunately, his I-140 was approved within three months, exactly one month before he reached six-year H-1B limitation. We also filed H-1B extension request for Mr. Wang based on the approved I-140, and received the H-1B approval for three years.

For another example, Dr. Rajeev from India filed NIW I-140 petition through our firm about six months before he reached six-year H-1B limitation. His I-140 was approved in three months. Dr. Rajeev is not eligible to file I-485 due to immigration visa number retrogression. Dr. Rajeev is eligible to extend his H-1B for three years based on his approved I-140.

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• 3 years for sure? -wihaha- ♂ (62 bytes) () 06/21/2007 postreply 07:38:38