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by refurb 1187 days ago
You cant be on an H1-B for 10-15 years. It’s capped at two 3 year visas.

And its a temporary work visa program. People know that when they sign up.

I agree they should be give a period of time to find a new job, but when you get an H1-B visa it’s explicit that it’s temporary.

2 comments

You are not a lawyer. You are also wrong. People with green card applications are stuck for more than 10 years in visa status.

https://isss.temple.edu/faculty-staff-and-researchers/intern...

A green card isnt an H1-B and if you lose your job with a green card you dont have to leave the US.

You dont even have to leave after your I-140 is approved, before the I-485 is approved.

You didnt even read your own link.

Have you been through the H1-B process?

I have.

ok let’s try in small chunks see if you will understand.

“AC21 § 106(a): Labor cert or I-140 filed a year or more ago

Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the alien's behalf.

The priority date in an employment-based case is the date that a labor certification application was first filed, or, for those categories exempt from the labor certification requirement, the date on which an employment-based preference petition (I-140) was filed with USCIS. Since that same date is also the referent to eligibility for this benefit, knowing the alien's priority date is a convenient way of tracking eligibility for H-1B extensions beyond 6 years.

H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. If the labor certification or I-140 is approved, the individual can continue obtaining 1-year extensions thereafter, until an adjustment of status or immigrant visa application is either denied or approved.”

Do you understand the meaning of these paragraphs? Or do you need further help?

Your attitude is unhelpful, and pretty annoying because you are wrong.

Once you file your I-140/I-485 concurrently, and your I-140 is approved you no longer need an H1-B because you get an EAD and AP.

Hence, nobody stays on an H1-B for 10-15 years because nobody needs to. And if you lose you're H1-B you don't have to leave at that point.

I ask again, have you gone through the process? You never answered.

Great. Happy that we now established that you can be on h1b for more than 6 years.

Let’s move to your new point, why someone selects h1b over ead? Many reasons, one is that with ead your partner is not allowed to work.

You can start from here. https://www.rnlawgroup.com/adjustment-of-status-maintaining-...

So you admit you dont need an H1-B to stay in the US once youve filed i-485?

That was my entire point.

You cannot file the I-485 unless the date is current. This is not and has not been the case for India and China for many categories for many years. And even if you manage to get the I-485 based EAD, it is provisional in nature which has its own risks and overheads.
The visa is temporary by definition, and so you win and get the "technically correct" badge. 10 points to Gryffindor. May I interest you in the writings of Ayn Rand ?