USCIS has changed its policy regarding H-1B visa extensions, now granting only a one-year extension for holders whose priority dates are current, despite having an approved I-140. This policy shift encourages applicants to transition to adjustment of status (I-485 filing) more promptly.
Key Details:
- H-1B extensions are now limited to one year when priority dates are current.
- The three-year extension applies only when priority dates are not current.
- This policy is rooted in the AC21 law, specifically §104(c) and §106.
- The change aims to facilitate the adjustment of status process for applicants.
This new limitation may complicate planning for many H-1B holders, emphasizing the importance of understanding the nuances of immigration law.
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Source: Swapnil Devre
