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Question:

H-1B is in 5th year. We file standard L/c to protect ability to extend beyond year 6. Can we then refile the L/C as RIR (meaning we have to w/d the first L/C, and lose the first priority date) and still retain the ability to extend beyond the 6th year (analogous to the 245(i) grandfathering), or has the statute been interpreted to mean that the same original L/c must still be pending, rather than a successor one?

Answer by Ester Greenfeld: