If you’re an H1B visa holder and your I-485 (Adjustment of Status) application is pending, you may be eligible to extend your H1B status beyond the typical six-year limit. This is especially relevant for individuals who are in the process of obtaining a green card (permanent residency) and have not yet received their final approval.
This article explains how to extend your H1B visa beyond six years while your I-485 application is pending, including the requirements, steps, and exceptions to consider.
Understanding the Six-Year Limit for H1B Visas
The H1B visa is typically issued for a maximum of six years in the U.S., with extensions allowed in increments of up to three years. However, if your I-485 application is pending and you are waiting for a green card approval, you may be eligible for an extension beyond the six-year limit under certain conditions.
How to Extend Your H1B Visa Beyond Six Years While I-485 is Pending
The key provision that allows H1B holders to extend their visa beyond the usual six-year limit is based on the American Competitiveness in the 21st Century Act (AC21). Under AC21, if your green card process (I-485) is pending for a certain period, you can extend your H1B visa in one-year increments.
Here’s how the process works:
1. H1B Extensions Beyond Six Years: AC21 106(c) Rule
Under AC21 Section 106(c), if your I-485 application is pending for more than 365 days (1 year), you can extend your H1B visa in one-year increments until your green card is approved.
This provision applies to people in the following situations:
- Your I-485 application (adjustment of status) is pending for at least 365 days.
- Your priority date (the date USCIS received your labor certification or I-140 petition) is current or you are in the process of waiting for your priority date to become current.
In this case, you can continue working on your H1B status, even beyond the six-year limit, as long as your I-485 remains pending.
2. H1B Extensions Beyond Six Years: AC21 104(c) Rule
Under AC21 Section 104(c), if your I-140 (Immigrant Petition for Alien Worker) is approved, but your I-485 application is still pending, you may qualify for three-year extensions of your H1B visa beyond the six-year limit.
For this rule to apply, the following must be true:
- Your I-140 petition must be approved.
- Your I-485 application is pending for more than 180 days.
- Your priority date is either current or you’re eligible to file for adjustment of status when your priority date becomes current.
This allows for three-year extensions of your H1B visa while you await the green card process to be finalized.
3. What Happens After the Six-Year Limit Is Reached?
- After six years, you cannot continue working on your H1B visa unless one of the above AC21 provisions applies.
- If your I-485 application is pending for over 365 days, you can extend your H1B visa one year at a time.
- If your I-140 has been approved and your I-485 is pending, you may be eligible for three-year extensions.
4. Required Documents for Extending H1B Beyond Six Years
To qualify for these extensions, your employer must file an H1B extension petition on your behalf, along with supporting documents, including:
- A copy of your approved I-140 (if applicable).
- Evidence that your I-485 application has been pending for at least 365 days or that your priority date is current.
- Other standard documents required for the H1B extension, such as your current passport, employment verification letter, and pay stubs.
5. Special Considerations for Dependents (H-4 Visa Holders)
If you are an H1B visa holder and your spouse or children are in the U.S. on an H-4 visa, they may also be eligible for extensions beyond the six-year limit if you are extending your H1B visa while your I-485 is pending.
- H-4 EAD (Employment Authorization Document): If your spouse holds an H-4 EAD (work permit) and you are extending your H1B, they may continue working while your green card application is in process.
- If the H-4 EAD was previously approved, it should remain valid while you extend your H1B status.
6. What if Your Priority Date Isn’t Current?
If your priority date is not current and you’re unable to file for your I-485 yet, you are still eligible to extend your H1B beyond six years using AC21 Section 106(c) as long as your I-485 remains pending. However, these extensions will be in one-year increments.
Once your priority date becomes current, you can file the I-485 and continue your H1B extension in three-year increments under AC21 Section 104(c).
7. Filing Process for Extension
The process of applying for an H1B extension beyond six years while your I-485 is pending is relatively straightforward:
- Your employer will need to submit a new H1B extension petition to USCIS along with evidence that supports your eligibility for an extension (I-140 approval notice, I-485 receipt notice, etc.).
- The extension petition can be filed up to 6 months before the end of your current H1B status.
- Ensure that you keep track of the priority date and your visa status as these are critical factors for determining your eligibility for extensions.
8. Premium Processing for H1B Extensions
USCIS now offers premium processing for certain H1B petitions, including H1B extensions. If you wish to expedite the processing of your extension request, you can choose premium processing, which guarantees a decision within 15 calendar days for an additional fee.
9. What Happens If Your I-485 is Denied?
If your I-485 is denied, it will affect your H1B extension eligibility. In this case:
- If your I-140 petition is still valid, your employer may reapply or file another I-485 application.
- If both your I-140 and I-485 applications are denied, you would no longer be able to extend your H1B visa beyond the six-year limit, and you would need to leave the U.S. unless you can find another status or extension option.
In such cases, it’s important to consult an immigration attorney to explore your options.
10. What Happens After Green Card Approval?
Once your green card is approved and you become a permanent resident, you no longer need an H1B visa to stay or work in the U.S. Your green card grants you the right to work and live in the U.S. indefinitely, and the H1B visa status will no longer be relevant. You should also ensure that your I-485 approval notice is submitted to your employer and any other relevant authorities.
Conclusion
Extending your H1B visa beyond the usual six-year limit while your I-485 application is pending is possible through provisions in AC21. By meeting the required conditions, such as an approved I-140 or a pending I-485 for over 365 days, you can extend your H1B status in one-year or three-year increments until your green card is approved.
Remember that your employer plays a key role in filing the extension petition, and you will need to provide all necessary documentation to prove your eligibility. Always consult with an experienced immigration attorney to ensure that the extension process goes smoothly and you maintain your legal status throughout your green card journey.