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H1-B extension beyond 6 years (Priority Date Is Current)

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  • H1-B extension beyond 6 years (Priority Date Is Current)

    It's my first post and I was hoping that the experts on here can help me out.

    I've read mixed responses on this topic, so I was trying to get feedback on my specific case. I'm in my 6th year of H1-B which will expire at the end of January 2017. I have an approved PERM that was filed less than 365 days ago, and have just filed for I-140 in Premium Processing. I know to get a H1-B extension, I'm going to need an approved I-140. However once I receive my I-140 approval, am I still eligible for an H1-B extension since my Priority Date is current under EB2 ROW category and my PERM/I-140 applications were submitted less than 365 days ago.

    I'm currently considering filing my I-485 application along with EAD/AP as my I-140 is pending approval, just so that in case I cannot apply for a H1B extension in my scenario, I can still acquire an EAD to stay and work legally. Although, that would be in the hopes that USCIS processes the EAD within the 90 days time frame. Hence it is important for me to know if my H1-B can be extended with an approved I-140 (with the priorty date being current).

    My employer and lawyer recommended the H1-B extension once the I-140 is approved. They are aware that my PD is current, but they didn't go in to details of the AC-21 law, hence I'm quite confused as to what the right way to proceed is as I've been reading mixed responses on this.

    Looking forward to the feedback, thanks!
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