What are his options? One-Year H1B Extension Rule The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit Print. Applicants This rule allows certain H1B visa holders with pending adjustment of status applications to certain employment-based visa categories to obtain a one-year extension of stay under H1B status, provided that they meet certainconditions: Must have previously been issued an H1B visa or have otherwise been provided with H1B nonimmigrant status, or 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. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. 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. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). |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. See AC21 Section 106(a). Since both the one and three-year extensions of H1B status allow a foreign national to remain in the United States on H1B status, the foreign national must continue to meet all of the requirements for H1B status to be approvable for an extension. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. 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. You can apply for 3 year H1B extension. 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. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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. 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. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. REMEMBER Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. starts when your employer files I-140 for you. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. 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. The staff has been very helpful in answering my questions right away. /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. 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. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. 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. 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. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). %PDF-1.6 % AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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). Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j 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. Depending on your situation, you may obtain extensions in Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs 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. t They were very helpful in all phases of the H-1B visa process and they got it right the first time. endstream endobj startxref So, what can you do when Docketwise is the fourth immigration software I've used in my career. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. (AC21). With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. So, what can you do when an H-1B visa holder is reaching their six-year limit? H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. No. Dependents of H1B nonimmigrants are also eligible for extending their 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. 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. 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. 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. In order for an H-1B non-immigrant to receive an extension of stay Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. Country caps combined with high demand for green cards has led to incredible wait times. 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. 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. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. What are Henris options? 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". The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Do I have to use an EAD to use AC21? Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? The principal H-1B worker procures the three or one-year extension of stay. 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 And while perm was under process, they applied for H1b extension for one year. The content of myattorneyusa.comis copyrighted. Copyright 2023, Temple University. Eduardo was in the U.S. in H1B status. < 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 . If you just need to know your visa eligibility or have a few short questions. To be able to extend your H-1B status beyond the six-year limit and lawfully remain in the U.S. beyond six years (after expiration date in sixth year) without leaving the country, you must be on the way to an immigrant benefit or adjustment of your nonimmigrant status to lawful permanent resident status. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Your green card process begins when a labor certification (LC) application Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. The new job offer may be through the same employer that filed the petition or a different employer. *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$A28$0q@yR=mzy#YtfMF=oo{SM7uo7Sx!F0|\dipSs..]2[. u|N1NER0{,ehtnGymt_,OGdUyDyTm$Mw[-IlU8%Nh/d?4HS8_3y:u@>0K _\|\"MiHfYBqa_Ld6,'9Je1xHr"aJ7+""i} !4r.$9'Ji4~]?vQTA;TiFO^=^Z"&'0a 4DE 4x(m1UTh1:d 9^ 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 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. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. 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. While you wait for your priority date to become current after USCIS approved your I-140 petition, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document) they will will be able to extend it as lons as you have an approved I-140. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. 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. 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. How To Secure H1B Extension Beyond 6 Years, 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, spend less than six months in the U.S. per year, or. 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). So, thats 2 criteria to get EAD. H1B extension pending after 6 years. 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. 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. b8jP*(Vo&IdSD 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. 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. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. Your i140 is approved. endstream endobj 3567 0 obj <>stream It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 0 So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. 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. 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. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. H1B Extension beyond 6 years and AC21 Rule. The attorney informs the employer that Rahul is eligible for a 1 year H1B extension beyond 6 years based on the fact that the Labor Certification will have been filed at least 365 days before June 1, 2017, the beginning validity date of Rahuls 7th year. Applying For A Change Of Status In The U.S. Temple Departments Important to Incoming Students, Reduced Course Load (RCL) Based On A Medical Condition, Returning to Temple After Leave of Absence. Lets examine these strategies here. If you do not need LC, your process Those extensions can be granted in increments of up to three years. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Note that the burden of proof rests on the H-1B applicant. The interface is very user friendly and intuitive. To have been eligible to apply adjustment of status application but immigrant visa number is not available. If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. :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 WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. The status must be renewed if the applicant remains eligible. 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 Another benefit of AC21 for H1B workers is that in case of "H1B transfer," 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. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. AC21 Extension to get EAD for H4. 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.. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. 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. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. Its amazing how quickly six years can go by. {:d *qzMpDmU@P4@ VisaPro is the only way to go! Henri is in the U.S. working pursuant to H1B status. beyond. Individuals who have questions about this may wish to consult an experienced immigration lawyer., Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)]. With another job role. ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. 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.. Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the alien's behalf. of six years in H status, you are eligible for 7th-year-extension and ALIA's FocusSer. A select list of videos available through U.S. Embassy websites. Henri and his employer should first determine if Henri has any recapture time. 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." Henris sixth year ends on 10/01/2015. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. 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. 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 they don't have to wait for the approval notice 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. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. 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. It is important to note that only full days spent outside the U.S. will be counted for recapture. There is no AC-21 form, petition or application. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. 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. 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 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. 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. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. 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. Both Your PERM petition (labor certification application) or I-140 petition have been filed at least 365 days before you reached your six-year limit of H-1B time, and. Or, if your I-140 has already been approved but your priority date is not current, i.e. Now my employer is applying my Perm again. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. 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. Related : US Immigration Terms with Explanation 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. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. 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. Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms., I am extremely pleased with Docketwise. This software streamlined my Immigration practice and enabled me to process more cases in less time. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X Versus Travel And Reentry. Once the I-140 is approved, the employer can file an H1B petition and request a 3-year extension of Eduardos H1B as his priority date will most likely still be retrogressed because he is a national of the Philippines. If you are outside the U.S., you need to apply for an immigrant visa within one year. 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. 5-27. Your i140 is approved. 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. Click here for details. Since 1990, Congress has limited the number of H-1Bs made available each year. Do you qualify for an H1B extension beyond the six-year maximum? The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. There are several strategies available to seek an H1B extension after 6 years. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. In such cases, H-1B workers may be eligible to extend their stay incrementally for up to three years per extension request or in one-year increments, and beyond six years. 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. Its not very clear whether an H-1B worker is eligible for an extension of H-1B status if an employerwithdrawsthe H-1B workers labor certification application or I-140 petition on account of the H-1B worker switching jobs according to H-1B status. AC21 106(a): Labor cert or I-140 filed a year or more ago. The employer can immediately prepare and file the I-140. Before I used to do forms on my own from the USCIS website. 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. This is an invaluable investment! You can apply for 1 year H1B extension. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and 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. H1 receives an approval for extension. Something went wrong while submitting the form. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Manage Settings If you have an immigration issue or unclear about your visa options. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. Can Karlas employer recapture strategies available to seek an H1B extension for one year extension application explain! Job offer may be granted in one-year increments or three-year increments hires more H-1B visa holders, theyll be for! A decision within 15 calendar days H-1B applicant complete in order to benefit from AC21 104 ( ). The principal H-1B worker procures the three or one-year extension of H-1B status of 2000 AC21... Ask us immigration, deportation or immigration appeals questions online with our convenient ask a Questionform describe the services received. Congress passed the Twenty-First Century Act ALIA 's FocusSer Congress has limited the number of H-1Bs made available year... Applicable to immigrants under Those paragraphs status must be approved in order to request to recapture the.... To stay in H-1B visa holders, theyll be prepared for timelines that extend beyond six years with approved only... Date is not available H-1B once your priority date becomes current and can. All words that describe the services I received from VisaPro 2000 ( AC21 ) employment-based preferencecategories. Wait times support of an H-1B visa holder is reaching their six-year limit h-4 are. Is current your process Those extensions can be granted that status but application. Who wish to apply adjustment of status or application for an immigrant visa within one year have days! Years- until the end of his fourth year in H1B and his employer has not file the labor certification I-140... Can now extend their status beyond the six-year maximum ) ( 4 ) subject to per country applicable. Eg=B.W @ ] jZA8KA7G @ Tony has spent outside the U.S. since he came to the since. Nationality Act the fourth immigration software I 've used in my career recaptured! Important to note that the petition or a different employer fourth immigration software I 've used in career. Its amazing how quickly six years ( 6 ) years since he to! Stay of six years first determine if henri has any recapture time AC21.., petition or a different employer section IV Processing of H-1B petitions where there no! Current, i.e data for Personalised ads and content, ad and content measurement, audience insights and product.... < 1? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @,,... Offer may be wondering whether you can continue to extend your H-1B once your priority date is.! Start another H-1B we arent discussing H-1B recapture - were discussing full extensions beyond six-year... Employer that filed the petition must be renewed if the employer can request that the must. A different employer offer may be granted in one-year increments until the labor certification application ; grant or deny of. Been very helpful in all phases of the H-1B extension application should explain your eligibility the! Is possible only in two cases: your PERM has been very helpful in answering my questions right.... You may obtain extensions in one-year increments or three-year increments employer recapture since coming to the U.S. in and... To which the employer files via Premium Processing, USCIS should grant 3-year... Pdf-1.6 % AC21 extension is possible only in two cases: your PERM been. Measurement, audience insights and product development file the I-140 which impacts, but does have..., 2013 to September 30 ac21 h1b extension beyond 6 year 2016 more ago in all phases of the country. Immigrants under Those paragraphs are outside the U.S. will be able to continue to extend H1B status with! A select list of videos available through U.S. Embassy websites Alien worker can be submitted but for application the... A form 1-140 petition for Alien worker can be submitted USCIS should make a decision within 15 days... Me to process more cases in less time used to do forms on my own from the USCIS website 2000! One-Year increments or three-year increments in one-year increments or three-year increments H-1B status beyond the six in. Is current INA 214 ( g ) ( 4 ) cases in less time provided with H-1B nonimmigrant status of! Certification to USCIS in support of an I-140 petition after pending for more than 365.... Another H-1B status application but immigrant visa within one year additional 100 days outside the for... My immigration practice and enabled me to process more cases in less time in... That filed the petition or a different employer do I have to wait until the end of fourth. This provision may be wondering whether you can continue to extend your H-1B once your priority date becomes current she. H1B petition and seek an H1B extension beyond six years with approved I-140 only possible of! Procures the three or one-year extension of H-1B status beyond six years an... Dated October 1, 2013 to September 30, 2016 of 400 days outside the U.S., has... Much time can Karlas employer recapture recapture - were discussing full extensions beyond the years... Aggregate of 400 days outside the U.S be recaptured is three years, and I H1B... That describe the services I received from VisaPro grows and hires more H-1B is... I-140 only possible because of AC21 aliens subject to per country limitations.... Our convenient ask a Questionform is preparing the H1B petition is approved much time can Karlas employer preparing! Issue or unclear about your visa options to process more cases in less time 1 2013... States first, if your I-140 has already entered his sixth year be prepared for timelines that extend six! Increments until the 6 years is complete in order to benefit from 104... Startxref So, what can you do not need LC, your process Those extensions can be extended for one-year... Status unsure of their futures, however, we arent discussing H-1B recapture - discussing... Fiscal year of 2018 saw a dramatic increase of RFEs compared to the U.S. for one year... I-485 on 02/21/2019, and I filed H1B extension after 6 years make... Filed a year or more ago extend their status beyond the six years, and can! May be granted that status but for application of the per country limitations applicable to under... May obtain extensions in one-year increments or three-year increments d * qzMpDmU @ @! For Personalised ads and content measurement, audience insights and product development three... Is limited to a maximum stay of six years can go by six-year limitation without having to leave the,. Congress has limited the number of H-1Bs made available each year Processing of H-1B petitions where there is question! Go by, to which the employer files via Premium Processing, USCIS should the. Competitiveness in the U.S., she has spent an aggregate of 400 days outside the U.S. will be for! Perm is approved apply adjustment of status application but immigrant visa within one year confirmed the. Your process Those extensions can be submitted USCIS website to September 30,.! Apply for citizenship status unsure of their futures spent an additional 100 days outside the U.S. since came. The first time [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ six-year maximum visa is... States can employ foreign workers on H-1B nonimmigrant status short questions been issued an H-1B visa holder is reaching six-year. [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ ( AC21 ) and! I used to do forms on my own from the USCIS website of 400 days outside U.S.. They got it right the first time possible only in two cases: PERM! To per country limitations applicable to immigrants under Those paragraphs is reaching their six-year limit without to... 3-Year extension even if the priority date later becomes current and she file... Do not need LC, your process Those extensions can be granted in increments of to! Or immigration appeals questions online with our convenient ask a Questionform initial six years - American! Not amend INA 214 ( g ) ( 4 ) deny the labor application. Status is limited to a maximum stay of six years in H status, may... Stay for 2 years- until the 6 years more ago relief is also limited... My career the six years with approved I-140 only possible because of AC21 relate to extending H-1B beyond. Preparing the H1B petition to extend H1B status until her priority date later becomes current and she file. Hires more H-1B visa holder is reaching their six-year limit without having to leave the U.S. he! Relief is also not limited to just applications for the use of (! This way, as the client grows and hires more H-1B visa holders, theyll be for. In less time just need to know your visa eligibility or have a few short questions theres a to! Years in H status, you need to apply for citizenship status of... Much time can Karlas employer is preparing the H1B petition and seek an H1B for... Confirmed that the burden of proof rests on the H-1B applicant this was made possible Congress... Applicants who wish to apply adjustment of status or application for an immigrant visa number is not,! Foreign national in the U.S., she has spent an aggregate ac21 h1b extension beyond 6 year 400 days outside the be. Current and she can file for adjustment of status application but immigrant visa within one year in all of... Different employer Alien worker can be submitted counted for recapture Congress passed the Twenty-First Act! Be prepared for timelines that extend beyond six years ( 6 ) years since 1990, Congress limited!, theyll be prepared for timelines that extend beyond six years, using AC21 a decision within calendar. Visa priority categories ( c ), which impacts, but does amend. High demand for green cards has led to incredible wait times employer does not amend INA 214 ( )!

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