Palo Alto, CA asked in Immigration Law for California

Q: Hello I have a question regarding extension of H1B beyond 6 years I have an approved I-140, with priority date current.

Hi I work as a research associate at Stanford University. I am currently on H1B and the H1B duration will be 6 years at the end of September 2020. In order to stay and work in US, I am in the process of obtaining green card. My I-140 got approved recently and I am going to submit I-485 (together with work permit I-765) soon. Because of president's latest new policy regarding immigration, I am afraid that I will not get EAD by the end of September. Therefore, my employer is thinking about the possibility if extending H1B beyond 6 years. My understanding is that if priority date on I-140 is current, I am not qualified for H1B extension beyond 6 years. Please let me know if this is correct. Thank you

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1 Lawyer Answer
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It's not out yet. However, there's a post on Bloomberg about a leaked draft of it. See https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

If things continue as they are, the draft only concerns people who are entering the US on a work visa. It does not concern itself with people who are already here. Things could change. When the EO does come out officially, ask another question and someone, or me, can help out with what it means.

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