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回答: follow up question, 謝謝8老師silver_lining2025-10-16 20:35:33

I have an approved I-140.
I might have gotten some incorrect information: I was told that with an approved I-140, you can extend H-1B for three years if your priority date isn't current, but once it becomes current, you can only get a one-year extension if there's also a pending PERM, I-140, or I-485. Without any pending case, someone with an approved I-140 and a current PD might not be able to extend H-1B beyond the six-year limit. Is that correct?

Apologies for any confusion. I realized I misunderstood and provided some irrelevant information.

-Because you have an approved I-140,  your current employer can file multiple three-year H-1B extensions for you(i.e., extend your H-1b status again and again) beyond the 6-year limit as long as your I-140 priority date is not current yet based on A Form even if your current employer have not filed PERM or I-140 for you yet. 

But If your I-140 priority date suddenly becomes current, you only have one year to file I-485. That means your new employer must file I-140 for you within one year so that you can file your I-485 based on the new I-140. You can use the old prority date of your old approved I-140 as the new I-140 priority date, thus you may file I-485 concurrently with your employer's new I-140 filing when the priority date is current.

If your new employer do not file I-140 for you within one year since your approved I-140 priority date is current, then you cannot file I-485 and cannot continue to extend your H-1B either. This will make you big trouble in your status.

So, ask your current employer to file PERM/I-140 for you as soon as possible in case your priority date suddenly becomes current. 

I hope I have answered your quesiton clearly.

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感謝8老師 -silver_lining- 給 silver_lining 發送悄悄話 (50 bytes) () 10/16/2025 postreply 22:05:54

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