사실입니다. 아래는 H1B 에 대한 법규정에 대한 BCIS 의 Guide 에서 인용한 것입니다.
AC21 by Clinton at 2000:
The validity dates of the applicant’s previously approved nonimmigrant petition have expired
If the validity dates of the applicant’s previously approved nonimmigrant petition have expired, and the applicant does not present evidence that the new H-lB petition has been approved, he is not admissible under these provisions and should be processed accordingly. Generally, an alien whose petition has expired should not be processed as an expedited removal unless there is evidence of fraud or misrepresentation.
E. AC21 106 — Special Provisions in Cases of Lengthy Adjudication
AC21 106 permits H-lB nonimmigrants to obtain an extension of H-1B status beyond the 6-year maximum period, when:
(a) the H-lB nonimmigrant is the beneficiary of an employment based (EB) immigrant petition or an application for adjustment of status; and
(b) 365 days or more have passed since the filing of a labor certification application, Form ETA 750, that is required for the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of the EB immigrant petition.
The Attorney General is required to grant the extension of stay of such H-lB nonimmigrants in 1-year increments, until a final decision is made on the H-1B nonimmigrant’s lawful permanent residence.
