Extending the H-1B Beyond Six Years Jennifer Taylor Mary Schnetz

Three situations Recapturing time outside the US Permanent Residency application has been pending for more than 365 days Approved I-140 and but for visa numbers, individual would be able to adjust status (file I-485)

Recapturing Time H-1B is 6 years Time outside the US not counted towards 6 years If not in US, not in US immigration status Beneficiary must provide detailed, succinct documentation to accompany request

Recapture example H-1B valid from 01/07/ /06/2014 When we filed ext, still had 2 days left on initial 6 years Outside US 67 days Add 2 days plus 67 days to 01/06/ dd.html dd.html New end date 03/17/2014

Documents to show time outside US Flight itineraries Boarding passes Stamps in passport Conference brochures Other comparable evidence

Permanent Residency Pending more than 365 days H-1B status began 04/01/2007 H-1B status expires 03/31/2013 University filed I-140, Outstanding Professor and Researcher petition, on 03/10/2012 An RFE was received and now the I-140 has been pending for more than 365 days Therefore, we can extend the H-1B one year at a time until decision made on I-140

Permanent Residency Pending more than 365 days H-1B status began 07/01/2007 H-1B status ends 06/30/2013 UW filed Labor Certification 04/15/2012 LC was audited and still pending Since LC pending more than a year, we can extend the H-1B in one year increments beyond the six years.

Visa Backlog and Permanent Residency 140,000 Immigrant visas per year Visa Bulletin Employment Based 2 nd Preference Affects only Chinese and Indians at this point Priority Date Immigrant visas

Approved I-140 but no visa numbers Chinese national H-1B started 07/01/2005 H-1B expired 06/30/2012 Filed Labor Certification 10/15/2011 Priority Date Filed I-140 on 03/25/2012 Visa numbers not available so we can extend the H-1B for another three years

Contact information Jennifer Taylor Mary Schnetz