H1-B transfer/renewal past 6 years, while priority date is current

USA
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1

My H1-B is up for renewal in Feb 2023. My GC priority date is May 2012, which is current right now.

But, I moved away from the employer that filed my I-140 few years ago. The current employer has not started the GC process (Just got PWD, waiting in recruitment to file PERM). Given todays situation the PERM takes 6-9 months.

Question: Would my H1-B renewal (past 6yrs) be rejected if applied as I don’t meet the following conditions

  1. 140 approved but Priority date is not current (its current now as the time of filing H1-B renewal).
  2. 485 in pending state (which would be not until another 9 months at least).

If I find a job with the employer who filed my 140 and move back to them, would they be able to get H1-B or would that be rejected as well?

What are my options to stay in H1-B status past Feb 2023.

2

USCIS may allow 1 year extension if you can prove the circumstances beyond your control for the inability to file I-485 within one year of your PD getting current.

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4

Thats great to know. Thanks for the info, gives me some relief. The key word I’m looking at is “may allow” its not a “will allow” :slight_smile:

A quick follow-up, If the old employer(who filed I140) is willing to provide me with the Supplement-J, can I hire an attorney and file 485 my self without having to bother employer? Are there any other document I would need from them?

5

This should be fine.

Your attorney will handle and let you know the documents needed to submit AOS application.

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