Is there any provision to extend H-lB status beyond six years if the Department of Labor or USCIS delays in adjudicating an Alien Labor Certification (ALC) or 1-140 immigrant visa petition?
A. There are several circumstances in which an H-lB alien may apply for an extension of stay beyond the usual limit of six years, two of which are relevant to J-I waivered physicians. An H-1 B alien may have his/her status extended beyond six years if: A labor certification application or 1-140 immigrant visa petition is filed at least 365 days before the 6th year anniversary of H-I B status. The H-1 B status may be extended in one year increments until permanent residence is granted or denied. The status of H-4 dependents may also be extended.
Related Questions
- Is there any provision to extend H-lB status beyond six years if the Department of Labor or USCIS delays in adjudicating an Alien Labor Certification (ALC) or 1-140 immigrant visa petition?
- What happens if my status expires while present in the U.S. and no request to extend my stay has been filed with USCIS?
- Does USCIS need a copy of the Labor Condition Application filed with the Department of Labor?
