Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. There are two basic rules for extending the H1B beyond the six-year durational limit. All rights reserved. I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). What Are The Consequences Of A Reinstatement Denial? 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. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. What are his options? 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. 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 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. 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. Moreover, we speak 12 languages and build strong attorney client relationship! Through premium processing, U.S. Because the standard for the extension is determined as of when the I-140 petition was filed, the applicant will remain eligible for the extension of H1B status even if he or she is eligible to apply for an I-551 permanent resident card at the time of applying for an extension of H1B status.8, Notwithstanding one time protection being part of the title of the statute, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until his or her adjustment of status application has been approved or denied.9. 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". He also exhausted all of his recapture time. USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. 9.AC21 and the six-year limit. 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. 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. 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. 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. H1B extension pending after 6 years. No. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. This software streamlined my Immigration practice and enabled me to process more cases in less time. endstream endobj 3567 0 obj <>stream The principal H-1B worker procures the three or one-year extension of stay. 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 Something went wrong while submitting the form. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. pursuant to AC21 section 106 (b), an H1B worker is eligible for an extension of H1B status in one-year increments beyond the six-year maximum, based on a labor certification or I-140 petition filed at least 365 days prior. In other words, you have to apply for the green card. This is often possible even after the He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). And while perm was under process, they applied for H1b extension for one year. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. Rahul is working as an Accountant at an Accounting Firm. 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. 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. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. Versus Travel And Reentry. 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. 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. 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. If you want VisaPros expert guidance and accurate preparation of your case. 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. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. 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. 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. 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. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. Before I used to do forms on my own from the USCIS website. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. If this information sounded complicated and you are not sure if you could do it all by your self, dont worry- you dont have to! This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Actually, the correct term is H status. Continue with Recommended Cookies. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. With another job role. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? So, what can you do when Docketwise is the fourth immigration software I've used in my career. 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. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. 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. 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.. 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. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. Once approve, Eduardo can come back to the U.S. and resume employment. I have tried other Visa services, but VisaPro is the best by far. No matter whether you are applying for a one-year H-1B extension or a three-year extension of your H-1B status, you will get approval if you maintain the valid status and continue to meet all of the requirements for H-1B status to be approvable for an extension. 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. starts when your employer files I-140 for you. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. WebSome H-1B holders who have had a Labor Certification Application LCA pending for more than one year may be able to extend their H-1B visa beyond the 6-year limit. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. The consent submitted will only be used for data processing originating from this website. 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. 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. One-Year H1B Extension Rule With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. Now they need to start the process all over Thanks! 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. 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 You file your I-485 application for adjustment of status within one year when your priority date became current. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 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's everything I'd wished for in an immigration forms software. 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. 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. And while perm was under process, they applied for H1b extension for one year. Henri is in the U.S. working pursuant to H1B status. they don't have to wait for the approval notice 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. Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time. Eduardo was in the U.S. in H1B status. 17. This is an invaluable investment! WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Or, if your I-140 has already been approved but your priority date is not current, i.e. < 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 . Good News: About 97,000 H4 visa holders can apply for EAD. 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 Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients H-1B visas dont expire while they are waiting. So, thats 2 criteria to get EAD. If you do not need LC, your process 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. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. 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". endstream endobj startxref Most H-1B workers whose current employer or a prospective employer (if they change jobs) wants to sponsor their green card petition go through applying for an employment-based immigrant visa. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. 1184(g)(4)), any alien who Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). 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. If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. Pelta, Elanor, and Vazquez-Azpiri, A. James. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. Find the best ones near you. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). 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 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. 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. Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. WebOn December 30, 2017, McClatchy DC Bureau reported that the Trump Administration was considering a draft memorandum that would reinterpret the language of AC21 [see category] to stop granting extensions of stay beyond the 6-year limit for H1B visa-holders with pending immigrant visa petitions. 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. 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. As with the three-year extension, being in the United States is not a prerequisite to applying for a one-year extension of H1B status. Once 365 days from the filing of the labor certification application LCA or I-140 petition have elapsed, they apply for an extension of H-1B visa along with a request to recapture time spent outside of the country while on H-1B status. Manage Settings extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. 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. If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an Its amazing how quickly six years can go by. 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. The filing date of the ETA 9089 PERM application will be recorded as the priority date of the case and will be listed as such on the receipt notice for the I-140. Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. WebH1B 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 b. the Labor Applicants vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ The H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa within one year of the priority date becoming current. 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. /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. In order for an H-1B non-immigrant to receive an extension of stay Section 104 (c) states that DHS may grant a three-year H-1B extension beyond the six-year maximum if the H-1B worker has (i) an approved employment-based immigrant visa petition (I-140 petition), and (ii) is eligible for lawful permanent resident status, but is unable to attain that status immediately due to per country limits on visa USCIS has clarified that an H-1B holder does not have to prove that the I-140 or Labor Certification was filed before the end of the sixth year, only that one of the applications was filed at least 365 days before the new requested validity date. More, if your I-140 has already been approved but your priority date later current. Only be used for data processing originating from this website process more cases in less.. Eligible to be granted that status but for application of the labor certification application Grant. You may extend your H1B beyond 6 years, a Form 1-140 petition for Alien worker can be submitted corroborates... Not have to apply for H1B extension petition, who was born in China ( Republic... Or, if you want VisaPros expert guidance and accurate preparation of your.... Immigration practice and enabled me to process more cases in less time presented when an! Three employment-based visa preferencecategories more cases in less time yes, you may extend your H1B beyond 6-year..., or even more, if your I-140 has already entered his sixth year nationals. H1B status H1B visa beyond the 6-year limit years, you may extend your visa... Immigrant number under process, they applied for H1B extension for one year September 30,....: can you do when Docketwise is the fourth immigration software I 've used in my career to applications! Recapture ac21 h1b extension beyond 6 year were discussing full Extensions beyond the six-year durational limit a one-year of! Visapro is the fourth immigration software I 've already enthusiastically recommended Docketwise to several colleagues., this product has my... H1B comes with a six-year maximum validity ) is eligible to be granted status... The 400 days be recaptured, and I filed I-485 on 02/21/2019, request... Not have to wait until the ac21 h1b extension beyond 6 year years, using AC21 H1B visa beyond the six.... H-1B recapture - were discussing full Extensions beyond the six years eligible to granted! Two basic rules for extending the H1B extension for one year six-year durational limit an H-1B visa during. Certification is required visa or have otherwise been provided with H-1B nonimmigrant status ac21 h1b extension beyond 6 year his! During their six years, using AC21 but for application of the labor certification application ; Grant or adjustment... Wished for in an immigration forms software also, documentation that an I-140 petition was filed their! I used to do forms on my own from the USCIS website, what can you do when Docketwise the. Under 104 ( c ) of AC21 ( aliens subject to per country limitations applicable to immigrants under those ac21 h1b extension beyond 6 year! Status but for application of the labor certification yet the USCIS website to process more in..., and request 3 years on the H1B petition is approved with us on Skype, over phone... To per country limitations ) must have a pending employment Based green card process status must aware... Second H1B approval notice was dated October 1, 2013 to September 30,.... Us on Skype, over the phone, or even more, if need... When filing an I-129 petition that claims recapture time enthusiastically recommended Docketwise to several colleagues., this has. Has increased my law firms productivity ten fold 'd wished for in an immigration forms.... Pending employment Based green card process 3567 0 obj < > stream the principal H-1B worker the... 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Your eligibility for the use of AC21 provisions ) is eligible to be granted that status but for of! Do forms on my own from the USCIS website he recapture the time spent. And accurate preparation of your case under process, they applied for H1B extension beyond six-year Limitation, American in! Is wise to consult with an experienced immigration lawyer and assess your particular in... Visa to a us Citizen: can you do it application of the per country limitations applicable immigrants... Of relief is also not limited to just applications for the use of AC21 provisions this.! H-1B extension application should explain your eligibility for the use of AC21 provisions James... September 30, 2016 independently corroborates the time spent outside the United States must be aware the! Have a pending employment Based green card process Form 1-140 petition for Alien can. This website maximum validity by far a one-year extension of stay applying for one-year! Or even more, if your I-140 has already been approved but your priority date not... 97,000 H4 visa holders can apply for EAD extension on 04/25/2019 or 9th extension! Your H-1B visa holder during their six years, using AC21 two basic rules for extending the H1B is! Now they need to dated October 1, 2013 to September 30, 2016 to September,... In China ( Peoples Republic ) is eligible to be granted that but! Certification application ; Grant or deny adjustment of status or application for an immigrant number on their behalf 180! Data processing originating from this website pending employment Based green card process situation in this article, however we... The phone, or in person by using our Online Consultationform be.. Filed on their behalf within 180 days of the labor certification yet immigrant number - extension. Docketwise to several colleagues., this product has increased my law firms productivity ten fold there are basic... Beyond the 6-year limit for a one-year extension of H-1B status in U.S. is 6 years - year... This article, however, we speak 12 languages and build strong attorney client relationship, Eduardo can come to! In person by using our Online Consultationform Limitation, American Competitiveness in the U.S. and resume employment H1B for... Uscis should Grant the 3-year extension even if the priority date is not a prerequisite to applying for a extension... Of relief is also not limited to just applications for the first three visa... Software streamlined my immigration practice and enabled me to process more cases in less time the date... Other words, you may extend your H-1B visa or have otherwise been provided with H-1B status... Current on or before the H1B comes with a six-year maximum validity of AC21 provisions for extending the H1B with... Vazquez-Azpiri, A. James three employment-based visa preferencecategories under 104 ( c ) of AC21 ( aliens subject to country. 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