H1B Extension when PD is current


Spouse’s current H1B expiry date is June 30, 2022. Our PD is June 29, 2011. Because of Covid-19, PERM process got stalled with spouse’s new employer before recruitment. It got reinitiated this year and the cycle will complete only by early to middle of next year. For this reason, we couldn’t file i485 adjustment of status despite PD being current (even in the final action chart) for the past one year.

We need to renew our H1B, H4 & H4-EAD end of this year.

My questions are:

  1. Can we do H1-B extension when PD is current ?
  2. How long will H1-B be extended in this case ?

Thanks a ton,

Per USCIS guidelines, PERM beneficiary with approved I-140 is expected to file for AOS within one year of the PD becoming current. However if you can establish the circumstances that are not in your control around the inability to adjust the status within one year of the PD being current, USCIS at its discretion may approve AC21 H1B extension even if the PD is current. Generally the extension is approved for one year term in such cases.

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We have i140 approved only with the old employer for the mentioned PD. That’s many years ago. Current employer’s PERM and i140 are still pending. Is that reason enough to file for H1B extension ?

Yes, you will need to work with your employer’s attorney to file the extension and attach the letter explaining the circumstances.