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H1B extensions after priority date has been current for more than a year

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  • H1B extensions after priority date has been current for more than a year

    hi, my priority date is august 2012 which became current in January 2022 bulletin. I changed to a different company in 2019 when I got a 3 year extension and my current H1 is expiring this September and I got an extension only for 1 year till September 2023.

    My attorney said that I will not be eligible for further extensions as by January next year my priority date will be current for more than a year. My company has started my GC processing after my priority date has become current at the starting of this year, but they are taking long time for each step and applied for prevailing wages in April which is still in processing. then they have to start recruitment which takes 4 months and apply for a labor which is now taking anywhere between 7-8 months for approval. After that I have to get I140 approved which I can file in premium. With all these pending steps, it will easily take more than a year in straight cases. Going to old company is not an option as they moved to a different location and their attorney told that they have to start perm process again even if I join back.

    with prevailing wages taking roughly 8 months of time, recruitment 4 months and labor 8 months, I140 a month - totaling 21 months which is 1.5 years and any deviations could extend this process to 2 years , how can the candidate manage to file for EAD if they give only one time extension of 1 year? Trying to figure out how others are managing with these kind of situations or I am missing anything here.

    thanks in advance!!

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