I’m currently working with a H1B and it will expire soon so I can get a extension? I already have 6 years as H1B and I have labor certificate and my company filed I-140. Can I get a extension?
Updated analysis (October 31, 2026). Certain H-1B workers may qualify for time beyond the ordinary six-year limit under AC21. The one-year extension provisions in §106(a) and (b) generally require a qualifying labor certification application or employment based immigrant petition to have been filed at least 365 days before the relevant point, together with satisfaction of the applicable conditions. Filing an employment based Form I-485 alone is not the 365-day qualifying filing. Section 104(c) separately permits up to three years of H-1B time for qualifying workers with approved employment based immigrant petitions whose immigrant visas are unavailable because of applicable per-country limits. Eligibility also depends on time previously spent in H-1B status, recapture, ongoing employment, and the individual filing record. Premium processing of Form I-140 does not automatically create §104(c) eligibility or guarantee a three-year extension.