H-1B Seventh Year Extension
 
  • An H-1B holder that is the beneficiary of an approved EB-1, EB-2 or EB-3 visa petition and is waiting for the new quota to apply for an adjustment of status, may apply to the USCIS for extensions of H-1B status beyond the six-year period until his adjustment of status application has been adjudicated. However, USCIS has the discretion to approve or deny such applications and as such is not guaranteed.
  • A beneficiary of EB-1 and NIW, if the immigration is filed over 365 days, either pending or approved, may file the extension of his H-1B beyond the six-year limit.
  • A beneficiary of EB-3 and EB-2 (other than a national interest waiver), if the labor certification was filed more than 365 days, may apply to extend his H-1B status beyond the six-year limit.
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