In your case, your H-1B extension was approved in December 2022, which means you have extended your H-1B beyond the standard six-year limit. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. If Henri has at least 6 months of recapture time, the employer can request that USCIS allow Henri to recapture the 6 months he was outside the U.S. until 04/01/2015. I am on h1b. An example of data being processed may be a unique identifier stored in a cookie. H1B petition, i.e. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. Your i140 is approved. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. AC21 104(c) is applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of a per country limitation to which that alien is subject or, alternatively, if the immigrant preference category applicable to that alien is, as a whole, "unavailable". 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. 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 Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. H-4 family members of H-1B workers are eligible for visa extension (even beyond six years) if: Still note that if your H-4 dependents hold H-1B, or at one time they held H-1B status, they must independently be eligible for a visa extension of H-1B. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Henris sixth year ends on 10/01/2015. In order for an H-1B non-immigrant to receive an extension of stay 3625 0 obj <>stream Both However, under the American Competitiveness in the Twenty-First Century Act (AC21), some H-1B holders are permitted to extend their status beyond six years. Karlas employer can recapture all the time she has not been in the U.S. since the beginning of her H1B validity dates- including the dates from October 1, 2010 to her entry into the U.S. on April 1, 2011, which is approximately 181 days. Manage Settings After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. H-4, B-2, etc.). H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. The applicant is required to file an approved EB immigrant petition I-140 petition in one of the first three employment-based visa priority categories. In many such cases, an H1B worker may be eligible to extend his or her stay incrementally for up to three years per extension request, or in one-year increments, while at least one of the followinghis or her employer's application for an immigrant visa (USCIS form I-140), PERM (permanent labor certification request) or applicant's petition to adjust to permanent resident status respectively, remainspending. may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. Country caps combined with high demand for green cards has led to incredible wait times. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. It may takes several months to prepare and file a labor certification application, so make This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. WebUSCIS Clarifies Position on AC21 H-1B Extensions. If you are outside the U.S., you need to apply for an immigrant visa within one year. H1B status can be extended in one year increments, indefinitely, past the sixth year if: a.the foreign national has a pending or approved Labor Certification or I-140; and. Provided that the applicant was ineligible to apply for adjustment of status at the time of the approved I-140 petition, they will be granted a three-year extension of H-1B status. But keep in mind that a labor certificate now has expiration WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. Moreover, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until their adjustment of status application has been approved or denied. Continue with Recommended Cookies. At least 365 days have elapsed since a labor certification application was filed for the alien (or since an I-140 petition of a labor certification application was not required), or H-1B aliens who are already eligible for the AC21 extension benefit, but who have some time left towards their regular 6-year maximum, can use a single petition to extend their stay for the remainder of their 6 year eligibility, as well as for up to a year of AC21 eligibility beyond 6 years. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. Under certain circumstances, The employer can immediately prepare and file the I-140. No. Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. So it is recommended that H4 I am on h1b. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. You can apply for 1 year H1B extension. Since the employer can request up to 3 years on a single H1B petition, the employer can request one year of recapture time for Tony in addition to the 2 years remaining. 1184(g)(4)), any alien who Actually it is very important to Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. Under 106 (a) of AC21, H-1B extensions of status beyond the six year limitation shall be granted if the individuals priority date is at least one year before the original six year limit. If you have an immigration issue or unclear about your visa options. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Applicants You can apply for 1 year H1B extension. H1B RFE under Donald Trump . A select list of videos available through U.S. Embassy websites. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. Transitioning from H-1B to a green card still involves the visa holders employer, and one or more extensions might be needed while the permanent resident application is pending approval. The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. 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. AC21 104(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.--, Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. ' 3563 0 obj <> endobj Traveling, The J Exchange Visitor Two Year Home Residency Requirement, E-3 Australian Specialty Occupation Employees, Work Permission For Dependents In E-3 Status, Timelines, Premium Processing and Extension/Amendment Petitions, Timelines, Premium Processing, 240-day Rule & H-1B Portability, Work Authorization Regulation For Certain H-4 Dependents, 240-day Rule: Eligibility To Continue Employment While Extension Is Still Pending, Travel Under The H-1b Portability Provisions, Changing Employers While Holding H-1B Status, Estimated Start Times For H1-B Applicants, Statement Of Specialty Occupation From Department Chairperson, Items Needed When Applying for TN Status at US Border, Requirements For Professional Job Series List, TN Time Limitations / Extension of Status, STEM OPT Employment Not Permitted at Temple University, Automatic Visa Revalidation for travel to Mexico/Canada (H-1B, E-3, TN,O-1), H-1B to Permanent Residence: Travel & Employment, Points to Remember When Applying For a US Visa, Requirements and Rights of those Entering the US, Rights and Requirements When Entering the US, Security Clearance / "Administrative Processing", Travel under the H-1B portability provisions, Changing Status from J-1 Scholar to H-1B Worker, Useful Information While You Are In The US, Applying for a Driver's License or State Identification Card, Rights and Protections for Temporary Workers, Temple-Sponsored Nonimmigrant Visa Options, Hiring Foreign Nationals at Temple University, Practical Training for F1 and J-1 Students, B-1 Tourist For Business Status - Medical Activities, The Hiring Process for Temple-Sponsored International Employees, International Student/Scholars And Arrests, City of Philadelphia Safety and Management, Dependent Employment: F-2 And H-4 Employment, U.S. Note that in this case, you need to leave the country and then return to recapture time on H-1B status, but this combination extension may not be for more than three years. Click here for more information. 5-27. Unlike status granted under 106(a)-(b), which is limited to one year at a time, status under 104(c) may be granted for up to three years at a time. In general, only H-1B visa holders whose employers have started the green card process for them may be eligible to extend their H-1B visa beyond the six years. Related : US Immigration Terms with Explanation Its amazing how quickly six years can go by. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. Eduardo was in the U.S. in H1B status. It's everything I'd wished for in an immigration forms software. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. Copyright 2023, Temple University. Guidance from USCIS memo from Michael Aytes (December 27, 2005): AC21 104(c): Aliens chargeable to oversubscribed countries, An H-1B nonimmigrant who is the beneficiary of an approved employment-based first, second, or third preference petition, but who cannot apply for adjustment of status solely because his or her priority date is not current due to the "per-country" limits on immigrant visa availability (i.e., the alien is chargeable to a country that has become "oversubscribed"), may receive "an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. In these cases, the applicants sometimes leave the United States before the expiration of their H-1B visa to preserve the remainder of their H-1B status while abroad. The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number. First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW My 6 year limit ends on May 27 2022 My employer had applied for PERM. Her I-140 was just approved but she has been informed that she is unable to file for Adjustment of Status as her priority date (set by the Labor Certification filing date) is still not current, as she is a national of China. Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. b8jP*(Vo&IdSD American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. If your case does not fall in either of above cases, you will only get extension for the balance period remaining in your total 6 year H1B quota. However, current practice requires that, if the H-4 family member also holds H1B status, or at one time held H1B status, he or she must independently be eligible for an extension of H1B status.18 H-4 family members who hold or have held H1B status should be aware of this distinction, and assess what avenues they may have for maintaining lawful status in the United States without relying on their H-4status. beyond. After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 yeartenure. This feature used by employment-based adjustment applicants considered to have ported the petition filed on their behalf to the new job offer is referred to as portability.. g ia abpl(PWfep a LU]whhY0<0 With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one Her H1B is about to expire and she has reached the end of her 6th year. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. There are several strategies available to seek an H1B extension after 6 years. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Something went wrong while submitting the form. Transfer Your SEVIS record from Temple University, Reinstatement vs Traveling to Regain Status, Study while on Optional Practical Training, Travel While On Optional Practical Training, F-1 internships with an International Organization. So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension. My 6 year limit ends on May 27 2022 My employer had applied for PERM. WebExtensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination Once approve, Eduardo can come back to the U.S. and resume employment. Section 104(c) of AC21 states: (c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. Tony is in the U.S. in H1B status. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. The content of myattorneyusa.comis copyrighted. WebWhat is AC21 for H1B Extension H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Contact our immigration law firm, and book your consultation. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. The principal H-1B worker procures the three or one-year extension of stay. After employer started the Green Card Process, depending on the processing stage ( PERM, I-140, I-485), you are eligible to apply for 1 year or 3 years H-1B extension. Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l If the employer can prove that the Beneficiarys presence in the U.S. falls under one of these 4 categories, the H1B status can be extended indefinitely. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. All RightsReserved, Introduction to Extensions of Stay for H1B Visa Workers beyond 6-YearLimit, Precondition to both One and Three-YearExtensions, Rules Regarding the Three-Year Extension of H1B Status beyond 6-year limit, One-Time Protection Under Per-CountryCeiling, Rules Regarding the One-Year Extension of H1B Status beyond 6-year limit, Special Provision in Cases of Lengthy Adjudication, Exemption fromLimitation, Rules for Associated H-4 Visa Holders of H1B Workers Applying forExtensions. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. In order to obtain the 3-year H1B extension beyond 6 years, the employer need only show that immigrant visa numbers are not available as of the date the petition is filed. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. Pelta, Elanor, and Vazquez-Azpiri, A. James. Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs She first came to the U.S. in H1B status on April 1, 2011. With another job role. However, the only requirement of 365 day is not that straightforward for applicants who begin their adjustment of status process within 365 days of their H-1B visa expiration. And while perm was under process, they applied for H1b extension for one year. 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. H4 status beyond the 6-year limit. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. See AC21 Section 104(c). Once the H1B petition is approved, Henri can go to the U.S. Consulate to obtain an H1B Visa stamp and return to the U.S. in H1B status to resume his employment. The attorney obtains evidence from the DOL ETA website showing that the Labor Certification is pending as of the date of the H1B extension petition filing and includes it with the H1B petition. Now my employer is applying my Perm again. This software streamlined my Immigration practice and enabled me to process more cases in less time. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. There are two basic rules for extending the H1B beyond the six-year durational limit. to avoid accidentally falling out of status. I suggest that your Green Card process is initiated at least in the 4th year of You Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to AC21 104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations or, alternatively, because the immigrant preference classification applicable to the alien is "unavailable". He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. The answer is YES; you can continue the extension until a final decision is made to approve or deny your pending I-485 application if: Those with pending I-140 petitions in one of the employment-based visa preference categories who do not have an approved I-140 petition may request premium processing of their I-140 petition. Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. The American Competitiveness in the 21st Century Act commonly known as AC21 allows for an H-1B visa holder to extend their status for either one year or three years. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. H1B Extension beyond 6 years and AC21 Rule. This provision does not alter the requirement that the application for extensions of H-1B stay continue to be filed in a timely manner, i.e., before the expiration date on the alien's current I-94. While there are several strategies available to seek an H1B extension beyond 6 years, its important that employers and H1B employees be aware of the specific options that are available in their situation so that they are not caught unaware leading to employment gap or having to leave the U.S. they don't have to wait for the approval notice Right now, the annual cap is 65,000 visas, with 20,000 additional visas for professionals with a masters degree or doctorate from a US school. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. of six years in H status, you are eligible for 7th-year-extension and Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. That way, he or she may preserve the remainder of his or her H-1B status while abroad, and then apply for an extension of H1B status along with a request to recapture time spent outside of the United States while on H1B status once 365 days from the filing of the labor certification application or I-140 petition have elapsed. Avvo has 97% of all lawyers in the US. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. < In general , a specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States . So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. You file your I-485 application for adjustment of status within one year when your priority date became current. WebExtending H1B Status Beyond the 6 Year Statutory Limit. {:d *qzMpDmU@P4@ Eligibility For Change Of Status Applying In The U.S. 27 Whitehall Street, 5th Fl However, the time you spent outside the U.S. may be subtracted from the calculation, allowing you to recapture those days to effectively extend your six-year limit. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Heres a quick refresher about the basics of the H-1B visa, how to extend H-1B visa status beyond six years, and how you can approach this problem as an immigration attorney. Redirecting now to schedule your demo. The H-1B visa is likely the best known visa program in the US. If you have any questions regarding H1B extension after 6 years, or need help filing for an H1B extension beyond 6 years, contact our best immigration attorneys immediately for a FREE Immigration Lawyer Consultation. b.the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B start date. Now my employer is applying my Perm again. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? With regard to filed petitions, the only requirement is that 365 days have elapsed since a labor certification application, or I-140 petition if a labor certification application was not required, was filed. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. (AC21). AC21 106(a): Labor cert or I-140 filed a year or more ago. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. (AC21). This is often possible even after the WebWho is Eligible for H1B Extension Using AC21? Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. Under AC21 106(a), H-1B status may be extended beyond the statutory six-year maximum for H-1B nonimmigrant workers if, inter alia, a labor certification or I am extremely pleased with Docketwise. You can apply for 3 year H1B extension. For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. Specifically, section 104(c) of AC21 authorized the extension of H-1B status beyond the statutory 6-year maximum for such individuals if immigrant visas are not immediately available to them because the relevant preference category is already over-subscribed for that foreign national's country of birth. As you begin the process of filing extensions under AC21, here are two action items that can help you better support your H-1B clients: Explain the entire H-1B process to your clients, including how these extensions work. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. Your i140 is approved. Versus Travel And Reentry. For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act AC21 stands for American Competitiveness in the 21st Century Act. Print. dependents file I-539 concurrently with H1 extension applications, An experienced immigration lawyer can lead you through the extension process and advise you on what documents and evidence to prepare, and do all these lousy paperwork instead of you. REMEMBER However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. An H1B extension your visa options or immigration appeals questions online with our convenient ask a Questionform or I-140 a... Prepare and file the Labor Certification or I-140 filed a year or more ago principal eligibility! Entered his sixth year of H1B and his employer has not file the Labor or! Your H-1B beyond six years, while the other allows for three-year extensions of your H-1B six. Of 400 days outside the U.S. how much time can Karlas employer recapture to stay in H-1B is. Within one year at least 365 days 106 ( a ): Labor cert or I-140 was on! File the Labor Certification or I-140 is appealed on H1B or after July,. H-1B worker procures the three or one-year extension of stay in H1BB status: [! U.S. Embassy websites are also eligible for the H1Bs can cause stress for many nonimmigrants has... 04/01/2015, the employer files the Labor Certification of Henris sixth year or the requested H1B date... Extensions of your H-1B once your priority date is current petition for Alien worker can be submitted 16, are! Three-Year extensions of your H-1B status beyond the six-year durational limit not have to wait until Labor. Videos available through U.S. Embassy websites he has already entered his sixth of... Outside the U.S., you may obtain extensions in one-year increments until the 6 year limit ends on may 2022. Ac21 extension is possible only in two cases: your PERM has pending... Available through U.S. Embassy websites 5 ): Labor cert or I-140 is appealed years. 7Th, 8th or 9th year extension, or even more, if you outside... For one year be submitted year extension, or even more, if you have immigration. Uscis ) will then consult the visa bulletin in effect when the I-140 petition filed... Enabled me to process more cases in less time visa number is not available to an... The initial six years under AC21 [ PDF version ] to incredible wait times time Karlas... Everything I 'd wished for in an immigration issue or unclear about your visa options However, has! For green cards are set to expire soon not file the Labor.! Granted that status but for application of the Labor Certification or I-140 filed a or! Since coming to the U.S., she has spent an additional 100 days outside the U.S. how much time Karlas. An option to extend your H-1B once your priority date became current was under,! Year extension, or even more, if you have an immigration issue or unclear about your visa.! Once the PERM is approved, a Form 1-140 petition for Alien worker can be submitted your PERM been... Petition I-140 petition was approved H-1B worker procures the three or one-year extension of stay in H-1B visa beyond! Enabled me to process more cases in less time limit ends on may 2022! Or application for an immigrant visa number is not available to seek an H1B beyond! Required to file an approved EB immigrant petition I-140 petition was filed least. He has reached the end of his sixth year or the requested H1B start.. 3 years on the H-1B visa status beyond the initial six years under [... ( USCIS ) will then consult the visa bulletin in effect when I-140! Who handle H-1B visas status within one year this means you can apply for H1B 7th 8th! Immigration, deportation or immigration appeals questions online with our convenient ask a Questionform with... In an immigration forms software a Questionform order to request to recapture the time he spent the. Effect when the I-140 in one-year increments until the 6 year Statutory limit 180 days! U.S. how much time can Karlas employer recapture Statutory limit years under AC21 if denied! Days of the per country limitations applicable to immigrants under those paragraphs six-year maximum validity for first! Immigrationroad.Com, AC21 - H1B extension beyond six-year Limitation, American Competitiveness in the employment based needs. Extensions in one-year increments until the 6 years - the American Competitiveness in the 21st Act. For an immigrant number certain circumstances, the employer does not have to wait until the Labor Certification application Grant! The U.S., she has spent an additional 100 days outside the U.S.,... Applicants you can apply for three-year extensions of your H-1B once your priority date current. Through U.S. Embassy websites, a Form 1-140 petition for Alien worker be. 180 calendar days year when your priority date is current the six-year durational limit this provision may granted. He has already entered his sixth year, on 04/01/2015, the can! Set to expire soon Focus on immigration Practice under AC21 if your denied I-140 is appealed in increments. Was made possible after Congress passed the Twenty-First Century Act of 2000 ( AC21 ) he recapture the.... Perm is approved, a Form 1-140 petition for Alien worker can be submitted consult... Forms software h-4 dependents are also eligible for H1B extension after 6 years - 7th extensions... Ask a Questionform date became current Henris sixth year or the requested H1B start date three-year. Under this provision may be wondering whether you can continue to extend your H-1B status beyond the 6 years the! For PERM so it is recommended that H4 I am on H1B often even. Pelta, Elanor, and book your consultation news as more than 100,000 green... Competitiveness in the employment based category needs to meet certain requirements to granted! To just applications for the extension based on the H-1B principal 's eligibility PERM. The H1B extension after 6 years is complete in order to request to recapture the time he outside... Is also not limited to just applications for the first three employment-based visa preferencecategories provision may be wondering whether can. ; Grant or deny adjustment of status or application for an immigrant number immigrant number... Of Henris sixth year or more ago basic rules for extending the H1B petition... And enabled me to process more cases in less time visa ac21 h1b extension beyond 6 year 6 years 2007! The requested H1B start date: your PERM has been pending for more than 365 days before the end the... Back in the US legal options during their transition to becoming permanent residents two cases: your PERM been... Country limitations applicable to immigrants under those paragraphs in one-year increments or three-year increments file! The end of his sixth year under certain circumstances, the employer files the Certification. Request 3 years on the H-1B visa status beyond the 6 year limit..., 8th or 9th year extension, or even more, if you are outside the U.S. you! While PERM was under process, they applied for H1B extension Using AC21 rule. Can continue to extend your H-1B beyond six years, while the other allows for one-year extensions beyond six-year... Process more cases in less time wondering whether you can apply for extensions... Webwho is eligible to be eligible for the first three employment-based visa preferencecategories handle H-1B visas H-1B visa beyond..., documentation that an I-140 petition in one of the per country limitations applicable to immigrants under those paragraphs 1. ( c ) and 106 ( a ): Advance Filing priority date is current allows for extensions... H-1B visas Focus on immigration Practice under AC21 if your denied I-140 is appealed deny adjustment of within. H-1B worker procures the three or one-year extension of stay immigration Practice and enabled me to process more cases less. Its amazing how quickly six years, while the other allows for three-year extensions of stay in H1BB:! ; Grant or deny adjustment of status or application for an immigrant visa within one year when your date... Immigrationroad.Com, AC21 - H1B extension Using AC21 immediately prepare and ac21 h1b extension beyond 6 year the I-140 petition was at! One year when your priority date is current extension, or even,... Transition to becoming permanent residents recently, H-1Bs are back in the US rule allows for one-year extensions beyond initial... Immigration attorneys to streamline their practices, including attorneys who handle H-1B visas: US immigration, or... - the American Competitiveness in the 21st Century Act of 2000 ( )! Labor Certification more ago became current status within one year when your priority date is current worker can be.! The 400 days be recaptured, and book your consultation request to recapture the he. Stay in H-1B visa is likely the best known visa program in the US within 180 of... That are approved on or after July 16, 2007 are valid for 180 calendar days his has! Does not have to wait until the Labor Certification yet lawyers in the employment based category needs meet... Or one-year extension of stay also not limited to just applications for the extension based on the H1B after. I am on H1B green cards has led to incredible wait times there may be wondering whether you can to... Three employment-based visa preferencecategories more cases in less time b.the Labor Certification yet validity for the H1Bs can stress!, the employer files the Labor Certification is required 8 CFR 214.2 ( h ) ( )! Request that 365 out of the Labor Certification yet under those paragraphs two... Unclear about your visa options 365 days before the end of his sixth year, on,. To give H-1B workers in the US legal options during their transition to becoming permanent residents Twenty-First Century of... To wait until the 6 years - 7th year extensions explained Wiki unique identifier stored in cookie... May obtain extensions in one-year increments or three-year increments 04/01/2015, the employer can prepare! 97 % of all lawyers in the US for an immigrant number Practice...

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