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?
It’s not bad to be wrong. It’s bad to not know when to stop.
See the sibling comment for your answer.
P.S. I find it depressing that people like yourself who successfully got through this immigration madness keep their boots on the necks of the unlucky ones. You were not special, you were lucky.
Nobody is choosing to stay on H1B for years at end. What a ridiculous proposition. What would be the point of that ? The people who are on H1B status after a number of years are the ones who are stuck in various stages of the green card process (i140, i485, etc.) because of backlogs. There are many rules that govern the finer points of these issues, and going into them over here is futile. It is not clear what you are trying to argue. If you wish to state that people on temp visas signed up knowing about the uncertainty, that is a common enough opinion, and you can state that and that would be the end of it. Why are you picking technical points to argue where you don't possess the expertise ?
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 ?
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.