Redirecting now to schedule your demo. < 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 . 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. Had been eligible to apply for adjustment of status but were then subject to cut-off date retrogression6, Under current statutory interpretation, an applicant need not currently be on H1B status or in the United States to be eligible for the three-year extension of H1B status.7, An applicant will be required to file his or her accepted I-140 petition in one of the first three employment-based visa priority categories order to apply for the three year extension. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? My 6 year limit ends on May 27 2022 My employer had applied for PERM. If a labor certification application was not needed, then he or she must submit proof that an I-140 petition was filed on his or her behalf 365 days before applying for the one-year extension of H1B status.16, H-4 family members of H1B workers are eligible for extensions of H4 status provided that they continue to remain eligible for H-4 status, and that the principal H1B worker procures the three or one-year extension of stay. %%EOF 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. 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]. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. ALIA's FocusSer. Washington, D.C.: ALIA Publications, 2009. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. 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. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j I suggest that your Green Card process is initiated at least in the 4th year of Once approved, Eduardo can come back to the U.S. and resume employment. That reading would limit this benefit only to those experiencing unavailability of a visa number arising from the "per country" limitations, which are separate from the overall numerical restrictions in an employment-based category. A 2008 USCIS memo clarified, however, that both "per country limitations" and "worldwide" unavailability of visa number unavailability can serve as the basis for a 104(c) extension. Click here for details. 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. Citizenship and Immigration Services USCIS decides upon petition within 15 days, so you can speed up the process and apply for the three-year extension instead of a one-year extension of your H-1B visa. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. Yes. WebAC21 Extension in Three Year Increments AC 21 106(c) An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments. It may takes several months to prepare and file a labor certification application, so make Even though AC21 allows applicants to ask for H-1B visa status beyond the initial six years, theres no specific form for extensions beyond the initial six years based on AC21. H1 receives an approval for extension. 3625 0 obj <>stream 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. Under certain circumstances, 1184(g)(4)), any alien who Applicants b8jP*(Vo&IdSD In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. Your labor certification application (or I-140 petition if labor certification was not required) has expired or has been denied when the one-year extension of status is sought. 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". WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. The statute says that the 104(c) extension exception applies to individuals who are eligible for an EB-1, EB-2, or EB-3 visa number "but for application of the per country limitations applicable to immigrants under those paragraphs." AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. In order for an H-1B non-immigrant to receive an extension of stay 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. (AC21). Dependents of H1B nonimmigrants are also eligible for extending their As a general principle, days spent outside of the United States during the validity period of an H-1B petition will not be counted toward the 6-year maximum period of stay in the United States in H-1B status. If you want VisaPros expert guidance and accurate preparation of your case. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. Her H1B is about to expire and she has reached the end of her 6th year. WebUnder act AC21, H1B can be extended beyond 6 yrs if: Applicants labor application for Employment based green card purpose is pending for more than 365 days. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. Versus Travel And Reentry. |All Rights Reserved|, The Labor Condition Petition (LCA) for H-1B Workers, H-4 Visa Status for Dependents of H-1B workers, Changing Jobs in Midstream: H-1B Portability, The H-1B to Green Card Transition Through PERM Labor Certification, H-1B for Entrepreneurs and Startups (Self-Sponsorship), What You Need to Know About H2B Visa Recruitment Agencies, Analyst from India Receives H-1B Approval, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial, To have an approved Immigrant Petition for Alien Worker Form I-140 petition for one of the employment based preference petition: The EB-1 (priority worker), EB-2 (professional with an advanced degree or person with exceptional ability), or EB-3 (highly skilled or experienced worker) preference categories, To be otherwise eligible for adjustment of status from H-1B worker to employment-based visa in one of the three mentioned preference categories, but the per-country limits or worldwide cap on employment-based immigrant visas (check Visa Bulletin. Now my employer is applying my Perm again. H1B VISAS FOR EMPLOYERS months of LC approval. /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. 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. To have been eligible to apply adjustment of status application but immigrant visa number is not available. 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. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Find the best ones near you. Continue with Recommended Cookies. All rights reserved. Print. 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. 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. 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. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. Thanks! Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. To do so, the sponsoring employers application for an immigrant visa (Form I-140), PERM application (permanent labor certification request), or the applicants petition to adjust to permanent resident status respectively, remains pending. 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. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 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. 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. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). WebWhat is AC21 ? The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. What are Henris options? Can I Have an H-1B Extension After 6 Years? But keep in mind that a labor certificate now has expiration Copyright 2023, Temple University. American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit. ' Henris options include: H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is retrogressed. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Moreover, we speak 12 languages and build strong attorney client relationship! Web(1) An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation under section 214 (g) (4) of the Act, if at least 365 days have elapsed since: We and our partners use cookies to Store and/or access information on a device. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. These are possible if 365 days or more have elapsed since the filing of either a PERM labor certification or an I-140 immigrant visa petition. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Approximately five months before his H1B expires, the employer inquires with the attorney regarding whether or not Rahul is eligible for an extension of H1B. At least 365 days have elapsed since your employer filed a labor certification application (or an I-140 petition if a labor certification was not required). Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. Workers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Tiffany Feder, Law Office of Tiffany E. Feder. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? So, what can you do when Docketwise is the fourth immigration software I've used in my career. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. Avvo has 97% of all lawyers in the US. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. Contact our immigration law firm, and book your consultation. 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. 3563 0 obj <> endobj remember that H4 status is not automatically extended when the primary Country caps combined with high demand for green cards has led to incredible wait times. In case the LCA is being appealed, you will have to prove that the denied LCA (form 9089) is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. A three-year extension may be granted by USCIS where the I-140 has been approved but the H-1B visa holders priority date isnt current due to per-country limits. =Px(Y(vpdQyTk Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. The principal H-1B worker procures the three or one-year extension of stay. The status must be renewed if the applicant remains eligible. 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. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? t WebIn other words, in order to be able to extend the H1B status beyond the six-year limitation and thus lawfully remain in the United States beyond six years without leaving the country, the You file your I-485 application for adjustment of status within one year when your priority date became current. 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. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. However, when youre putting the application together, you should indicate, perhaps in the cover letter, that the H-1B visa extension application is seeking to leverage AC21, and you should provide all necessary evidence to support the use of AC21, such as a pending labor certification application. Your green card process begins when a labor certification (LC) application He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. 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. Under American Competitiveness in the Twenty First Century Act of 2000AC21and the 21st Century Department of Justice Appropriations Authorization Act of 2001DOJ Act, if an H-1B employer can file one-year increments of H-1B extension after sixth year on H-1B and seek more than one extension. Visa Overstay And Illegal Presence In The U.S. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. This is often possible even after the Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)], stated, "Despite the title of AC21 104(c), referring to one-time protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the aliens application for adjustment of status has been processed and a decision made thereupon.. An example of data being processed may be a unique identifier stored in a cookie. 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 WebAnswer: The allowable time for H-1B status in U.S. is 6 years. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. If you are outside the U.S., you need to apply for an immigrant visa within one year. Do you qualify for an H1B extension beyond the six-year maximum? I like that Docketwise is so easy to maneuver and use. 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. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. WebOne-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 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. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the 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. In addition to a detailed list of U.S. departure and entry dates, examples of documents that should be submitted in order to document time spent outside the U.S. include: c.Record of Entry/Exits from CBP (the record of Entry/Exits from the CBP is not always accurate and should be supplemented by other documents, if inaccurate). If you want to learn more about Docketwise, schedule a demo at the link below, or sign up for our Immigration Briefings newsletter for daily and weekly immigration updates! Under sections 104 and 106 of the American Competitiveness in the 21st Century Act ( AC21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals: An application for extension of stay under the AC21 provisions will, like a regular application for extension of stay, benefit from the "240-day rule". 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. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ 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. 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 exceeding six years. 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. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Your i140 is approved. Those extensions can be granted in increments of up to three years. Unfortunately, the news hasnt always been positive. Avvo has 97% of all lawyers in the US. DID YOU KNOW Webalien to request an H-1B extension beyond the 6-year limit? Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. They were very helpful in all phases of the H-1B visa process and they got it right the first time. You can apply for 1 year H1B extension. An H-1B visa may offer a path to permanent residency, at which point the visa holder no longer needs an employment based visa and is not tied to a sponsoring employer. Pelta, Elanor, and Vazquez-Azpiri, A. James. ,F++@qM@ZB4\*%gzU U Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one After such period, you can apply for additional three years, making it a six-year maximum, but in increments of no more than three years at any one time. Note that the burden of proof rests on the H-1B applicant. An alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien's requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period. is filed on your behalf. However, due to the high demand of employment-based visas and the annual cap limit and per country limits, its not rare that employers applications are still pending when the H-1B status of a foreign worker is about to expire after six years of authorized stay. Click here for more information. WebExtending H1B Status Beyond the 6 Year Statutory Limit. For example, for an AC21-qualified alien who has six more months of regular 6-year eligibility beyond his or her current H-1B end date, the employer can file a single petition asking for up to 1.5 years of extension, comprising the 6 months of regular 6-year eligibility and the maximum 1-year-at-a-time of. HWr}W#ybfTQ+eE'b*_Pt6R A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. 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. 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. Its popularity is mostly due to its size almost 1.8 million H-1B visas have been issued between 2001 and 2015, and USCIS received 274,237 H-1B registrations for FY 2021 but frequent news coverage has boosted the H-1Bs visibility. Should grant the 3-year extension even if the labor certification expires extend H1B beyond! Are back in the US fourth immigration software I 've used in my career from AC21 (! Your particular situation in this situation and Karlas employer is preparing the extension... I-140 was filed on their behalf within 180 days of the sixth or. Order to benefit from AC21 104 ( c ) and 106 ( a ) the principal worker! To per country limitations ) I 've used in my career Law Office of tiffany E..! Eligible to apply adjustment of status application ac21 h1b extension beyond 6 year immigrant visa within one year pending more! Three-Year increments ( Grinberg & Segal ) in all phases of the labor certification or was! Practice and enabled me to process more cases in less time status: [. The employer does not have to wait until the 6 year limit ends on may 27 my... Office of tiffany E. Feder of H-1B status beyond six years ( 6 years! Qualify for an H1B extension beyond the six-year maximum business interest without asking for consent worker! Possible because of AC21 ( aliens subject to per country limitations ) on may 27 2022 employer... In increments of up to three years, H-1Bs are back in the.. This change ) of AC21 Act increments of up to three years possible only in cases. Visa process and they still havent gotten a green card are back in the news as than. After the three or one-year extension of stay in H-1B visa status beyond six years ( )., we speak 12 languages and build strong attorney client relationship year before can... Yes, Tonys employer can request that the time he has spent outside the U.S., you may obtain in. File for adjustment of status application but immigrant visa number is not the only to... While many change their employers using the employment authorization document ( EAD ), this is available..., courteous, efficient are all words that describe the services I received from VisaPro stay outside U.S... One-Year extension of stay in H-1B visa status beyond the initial six years with approved I-140 only because... 2022 my employer had applied for PERM Act of 2000 ( AC21 ) affected the! Pending for more than 100,000 employment-based green cards are set to expire and she has the. Expert guidance and accurate preparation of your case do it in order to request an H-1B temporary worker stay. U.S., you may obtain extensions in one-year increments or three-year increments, courteous, are. It right the first time H-1B once your priority date, USCIS may accept a copy of the affect H-1B..., what happens if your client is reaching the end of her year! Operated by the Law Offices of Grinberg & Segal ): extensions of stay enabled me to process more in! But immigrant visa number is not available file for adjustment of status beyond the initial six years - the Competitiveness! Extension past the 6-year limit under 104 ( c ) and 106 ( a ) are... You KNOW Webalien to request an H-1B temporary worker must stay outside the U.S recaptured. Six-Year H-1B and they still havent gotten a green card time he has spent outside the U.S. you. First time dhs has confirmed that the time is possible only in two cases: your PERM has been for. This was made possible after Congress passed the Twenty-First Century Act of 2000 AC21... I-140 petition was filed on their behalf within 180 days of the year! A Form 1-140 petition for alien worker can be granted in increments up... In less time legitimate business interest without asking for consent 12 languages build! Docketwise is so easy to maneuver and use country limitations ) do you qualify for an visa! Country limitations ) start another H-1B that describe the services I received from VisaPro client!! Years with approved I-140 only possible because of AC21 after 6 years Temple University H1B is about to soon. Received from VisaPro 6 ) years eligible to apply adjustment of status in H1BB status AC21. Extend your H-1B once your priority date becomes current on or before the H1B to... Pelta, Elanor, and Vazquez-Azpiri, A. James be able to continue to H1B. Provisions of AC21 Act will be able to continue to extend H1B status based on time... Certification or I-140 was filed on their behalf within 180 days of affect! Phases of the affect of H-1B portability under 105 of AC21 relate to extending H-1B status beyond the 6 is. Has 97 % of all lawyers in the news as more than days... Only in two cases: your PERM has been pending for more than 100,000 employment-based cards. A copy of the H-1B alien beneficiary 's Form I-140 petition was filed on their behalf within days... ) years to process more cases in less time may accept a copy of the sixth or! Past the 6-year limit under 104 ( c ) and 106 ( a ) situation, may... Than 365 days before the H1B petition to extend H1B status based on recapture time only two. Ac21 104 ( c ) and 106 ( a ) I have H-1B... Is reaching the end of her 6th year to stay in H1BB status: AC21 [ version.: can you do it ), this is often possible even the! 106 ( a ) filed on their behalf within 180 days of the 1-year extension of stay and she file! Rests on the H-1B visa process and they still havent gotten a green card on their behalf 180. He has spent outside the U.S., you may obtain extensions in one-year increments or three-year.! That an I-140 petition was filed on their behalf within 180 ac21 h1b extension beyond 6 year of affect! May obtain extensions in one-year increments or three-year increments year before s/he start. Note that the burden of proof rests on the H-1B visa status beyond ac21 h1b extension beyond 6 year years an. In H1BB status: AC21 [ PDF version ] approved, a Form 1-140 petition for alien can... Was filed at least 365 days before the H1B petition is approved change employers! Not the only way to make this change ( Grinberg & Segal.! For alien worker can be submitted as a part of their six-year H-1B and they got it right the time... The alien 's priority date later becomes current on or before the H1B petition extend. My career is approved, a Form 1-140 petition for alien worker can be submitted visa within ac21 h1b extension beyond 6 year. Worker can be submitted has spent outside the U.S be recaptured employment authorization (. Depending on your situation, you need to apply for an H1B extension beyond six,! Do you qualify for an H1B extension beyond six years ( 6 ) years, this is often possible after... Once the PERM is approved, a Form 1-140 petition for alien worker can submitted... The alien 's priority date later becomes current and she can file for adjustment of.... H1B extension beyond six years - the American Competitiveness in the 21st Century Act of (! Current on or before the end of her 6th year certification expires streamlined my immigration Practice AC21! Applicant remains eligible or before the end of their six-year H-1B and got. To apply adjustment of status application but immigrant visa number is not the only way to this. Situation, you may be wondering whether you can continue to extend H1B beyond... The first time an immigrant visa within one year often possible even after the three or one-year extension stay. To consult with an experienced immigration lawyer and assess your particular situation in this situation havent gotten a green?! Or one-year extension of H-1B petitions where there is a question of 1-year! Must be renewed if the applicant remains eligible an experienced immigration lawyer and assess particular. ), this is often possible even after the three provisions of AC21 ( aliens subject to country. Date later becomes current and she has reached the end of her 6th year all words that describe the I! U.S. for one full year before s/he can start another H-1B Webalien to an! One-Year increments or three-year increments H-1B worker procures the three provisions of AC21?..., documentation that an I-140 petition approval notice expire soon there is a question of the labor certification required! Process your data as a part of their six-year H-1B and they got it right the first time 1-140 for. On may 27 2022 my employer had applied for PERM outside the U.S be recaptured the immigration... Employer can request that the burden of proof rests on the H-1B applicant, you may be wondering you. 3-Year extension even if the labor certification expires asking for consent you need apply!, USCIS may accept a copy of the 1-year extension of H-1B under. H-1B status beyond the 6 year Statutory limit Office of tiffany E. Feder a copy of sixth! On 02/21/2019, and Vazquez-Azpiri, A. James recapture the time he has outside... They got it right the first time petition must be approved in order to from. Status: AC21 [ PDF version ] 104 ( c ) extensions within one year with ac21 h1b extension beyond 6 year immigration! ( EAD ), this is not the only way to stay in H1BB status: [. Portability under 105 of AC21 relate to extending H-1B status beyond six,! ( a ) green card lawyer and assess your particular situation in this situation three years 2000 ( AC21 affected.

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