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hawaii50

H1B beyond 6yrs?

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Filed: K-1 Visa Country: Russia
Timeline

only if you've got an approved petition for an employment-based green card pending

2009/06/19 - 1st NOA 1 (I-129F)

2009/10/07 - NOA 2

2010/01/11 - interview; result - approved

2010/01/18 - received passport with visa in the mail

2010/02/05 - embassy calls and asked to return visa for a "correction"

2010/02/09 - fiance returns passport with visa to embassy

2010/03/09 - embassy tells us we are in "administrative review"

2010/09/07 - fiance receives passport back with canceled visa and letter; our petition has been returned to USCIS

2010/11/08 - 2nd NOA 1 (I-129F ROUND 2)

2011/04/19 - service request response - 6 months additional extensive background checks

2011/08/22 - 2nd NOA 2

2011/10/04 - interview

2011/10/20 - visa received

2011/11/04 - POE

2011/11/25 - legal marriage

2012/07/21 - wedding with family and friends!!

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  • 2 months later...
Filed: Timeline

All I find on this website is wrong info, and then more wrong info!!!

One person was partially correct.

YES!!! People do it all the time. With an approved or pending PERM, filed at least 365 days before the 6 year maximum H-1B date, you can extend H-1B status in 1 year increments.

After the PERM is approved, an I-140 is applied for. With an approved I-140, you can extend your H-1B status in 3 year increments, over and over, until your PD (date PERM was filed) becomes current, at which time you would apply for your green card, by completing and filing Form I-485, Adjustment of Status.

Granted, if you, your employer, and/or your attorney took no action by the 5th year of H-1B status, then yes, you are out of options and cannot extend your H-1B status beyond 6 years.

Good luck!

Only if your case is reached the EAD and you have got your EAD.

Not true!

only if you've got an approved petition for an employment-based green card pending

Correct :)

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Filed: K-1 Visa Country: Russia
Timeline

YES!!! People do it all the time. With an approved or pending PERM, filed at least 365 days before the 6 year maximum H-1B date, you can extend H-1B status in 1 year increments.

After the PERM is approved, an I-140 is applied for. With an approved I-140, you can extend your H-1B status in 3 year increments, over and over, until your PD (date PERM was filed) becomes current, at which time you would apply for your green card, by completing and filing Form I-485, Adjustment of Status.

Granted, if you, your employer, and/or your attorney took no action by the 5th year of H-1B status, then yes, you are out of options and cannot extend your H-1B status beyond 6 years.

Thanks for coming in and clarifying more fully for future users :-) My friend is doing this right now, but I didn't know all the specifics on the steps.

2009/06/19 - 1st NOA 1 (I-129F)

2009/10/07 - NOA 2

2010/01/11 - interview; result - approved

2010/01/18 - received passport with visa in the mail

2010/02/05 - embassy calls and asked to return visa for a "correction"

2010/02/09 - fiance returns passport with visa to embassy

2010/03/09 - embassy tells us we are in "administrative review"

2010/09/07 - fiance receives passport back with canceled visa and letter; our petition has been returned to USCIS

2010/11/08 - 2nd NOA 1 (I-129F ROUND 2)

2011/04/19 - service request response - 6 months additional extensive background checks

2011/08/22 - 2nd NOA 2

2011/10/04 - interview

2011/10/20 - visa received

2011/11/04 - POE

2011/11/25 - legal marriage

2012/07/21 - wedding with family and friends!!

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