Visa Extension and Quota Retrogression

Am I eligible for visa extension in the event of quota retrogression?

Many people who have H1-B visas are interested in extending the duration of their stay in the United States.  The time it takes for immigration applications to be processed can be quite a long wait, and this is no fault of the applicant.  USCIS tries to ameliorate the inconvenience and negative immigration impact by offering extensions for a seventh year and beyond.  This  may be available to you.  First, you must be  the beneficiary of an immigrant petition for  adjustment of status.  Second, you must have been  unable to file for, or obtain approval because of quota backlogs in your particular  immigration preference category.

This extension is not limited to H-1B visa holders.  An individual with an L-1B visa coming close to the five-year limit may obtain an extension based on this section.  The extension does not have a defined duration.  It is an extension of time until the alien's application for adjustment of status has been processed and a decision made thereon.  Although this covers the time awaiting a pending application comprehensively, it only provides a “one time protection” until a decision is made on the adjustment of status application.

This extension only benefits a noncitizen with an immigrant petition pending.  It is not available to a noncitizen with a pending labor certification application.   There is no requirement that the immigrant petition have been pending for any specified period of time.

Comments are closed.