I am running out of H-1B time. What will happen to my H-1B status if the quota backlog holds up my green card application?

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The American Competitiveness in the Twenty-First Century Act (AC-21) legislation provided some relief in this area. If you have an approved I-140 Immigrant Petition and you are unable to proceed with the I-485 Adjustment of Status application due to quota backlogs, the company is eligible to apply for extension of H-1B time, in increments oaf up to three years, on your behalf. Your dependent’s H-4 status may also be extended.

If you are not the beneficiary of an approved I-140 Immigrant Petition, you may still be able to obtain extensions, in one year increments, as long as 365 days or more have passed since the filing of a labor certification application with the U.S. Department of Labor or the filing of an I-140 Immigrant Petition with the USCIS, both of which must still be pending adjudication.

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