Before I used to do forms on my own from the USCIS website. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. 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.. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. =Px(Y(vpdQyTk In other words, you have to apply for the green card. 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. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. There are two basic rules for extending the H1B beyond the six-year durational limit. Oops! DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. 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. An example of data being processed may be a unique identifier stored in a cookie. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". Copyright 2023, Temple University. Fax: (212)964-0440, Copyright 2019 My Attorney USA. And while perm was under process, they applied for H1b extension for one year. 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. Can I Have an H-1B Extension After 6 Years? 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. 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. You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. of the second H1B petition. Your green card process begins when a labor certification (LC) application No. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). 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. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. Thanks! Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. 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. 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. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. Transfer Your SEVIS record to Temple University. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? We and our partners use cookies to Store and/or access information on a device. endstream
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Her I-140 was just approved but she has been informed that she is unable to file for Adjustment of Status as her priority date (set by the Labor Certification filing date) is still not current, as she is a national of China. Transitioning from H-1B to a green card still involves the visa holders employer, and one or more extensions might be needed while the permanent resident application is pending approval. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). ' :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 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. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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 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. 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. 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. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. With regard to filed petitions, the only requirement is that 365 days have elapsed since a labor certification application, or I-140 petition if a labor certification application was not required, was filed. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. To have been eligible to apply adjustment of status application but immigrant visa number is not available. 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. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. You So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. VisaPro is the only way to go! 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. 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. You can apply for 1 year H1B extension. Moreover, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until their adjustment of status application has been approved or denied. 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 they don't have to wait for the approval notice This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21). 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. They were very helpful in all phases of the H-1B visa process and they got it right the first time. 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. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. There is no limit on the number of such extensions an individual may receive. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. REMEMBER Her H1B is about to expire and she has reached the end of her 6th year. I got H1 extended till May 2024. Upon further research I believe i should be eligible for h1b Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. As long as your LC was filed more than 365 days before your completion My 6 year limit ends on May 27 2022 My employer had applied for PERM. 1 I learned about this news because many individuals on Quora, a WebWhat is AC21 ? G . American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. 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. She first came to the U.S. in H1B status on April 1, 2011. 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. 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. I suggest that your Green Card process is initiated at least in the 4th year of You file your I-485 application for adjustment of status within one year when your priority date became current. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and 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. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. 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. endstream
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The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. Once approved, Eduardo can come back to the U.S. and resume employment. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. Do I have to use an EAD to use AC21? The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. In order to obtain the 3-year H1B extension beyond 6 years, the employer need only show that immigrant visa numbers are not available as of the date the petition is filed. Avvo has 97% of all lawyers in the US. WebQuestion: my H1 expire on dec 25 2012, PERM filed on Apr 2012 got approved on June 2012 and I-140 denied in August 2012, any possibility for continuity on H1B for 7th year. 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. 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. I am extremely pleased with Docketwise. Find the best ones near you. 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. 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. Most H1B workers who endeavor this do so by being sponsored by their current or prospective employers through applying for an employment-based immigrant visa.1 However, due to great demand for employment-based visas and due to the annual caps on the number of such visas that can be issued, many applicants will find that their employer's applications are still pending as their H1B status is set to expire. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. H1B RFE under Donald Trump . 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. 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. 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. Fortunately, there are ways to extend H-1B visa status beyond six 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. 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. So, thats 2 criteria to get EAD. WebAdditionally, H-1B nonimmigrants reaching the six-year limit of stay and with pending or approved I-140s but waiting for their Priority Date to become current, were allowed to extend their H-1B status in three-year increments until decisions were made on their adjustment of status applications. 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. 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. After the expiration of the six year period on H-1B status, alien workers must live outside the U.S. for at least one year before qualifying to obtain another H-1B visa. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. months of LC approval. Eligibility For Change Of Status Applying In The U.S. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. See AC21 104(c). Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. J-1 Student Hardship Employment Permission, Transferring From Temple To Another School, Temple Center for American Language and Culture, Change Of Status in The U.S. vs. The consent submitted will only be used for data processing originating from this website. Since 1990, Congress has limited the number of H-1Bs made available each year. 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. 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 Partial days spent in the U.S. count against the six years. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. Henri is in the U.S. working pursuant to H1B status. Thanks Anil. If all requirements are met, USCIS will grant H1B post 6th-year extension in 1-year increments unless a final decision is made to: Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. In 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 H1B worker must be on the way to an immigrant benefit or adjustment of his or her nonimmigrant status to a permanent residentstatus. 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 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). 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. A request for a one-year extension can be combined with a request for an extension until the end of the six years by an H-1B worker. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. *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^ Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. Citizenship and Immigration Services, 365 days or more have passed since the filing of any application for labor certification (Form ETA 750 or 9089) that is required or used by the alien to obtain status as an EB immigrant; or, 365 days or more have passed since the filing of an EB immigrant petition (I-140); or. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Lets examine these strategies here. AC21 106(a): Labor cert or I-140 filed a year or more ago. 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. Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs Eduardo was in the U.S. in H1B status. remember that H4 status is not automatically extended when the primary So it is recommended that H4 So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card?
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. If you are outside the U.S., you need to apply for an immigrant visa within one year. Those extensions can be granted in increments of up to three years. H1B status can be extended in one year increments, indefinitely, past the sixth year if: a.the foreign national has a pending or approved Labor Certification or I-140; and. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Law offices would be well-served to at least give it a try. Find the best ones near you. Actually it is very important to 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. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." H1 receives an approval for extension. None come close. Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. Now my employer is applying my Perm again. Such people with pending I-140 petitions in one of the employment-based visa preference categories who may be eligible for a three year extension but for not having an approved I-140 petition may request premium processing of their I-140 petition order that they would be able to apply for the three-year extension instead of a one-year extension.13, Extensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14 A 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 extension may not be for more than three years.15, In order to apply for a one-year extension of H1B status, an applicant needs proof that he or she filed a labor certification application 365 days before applying for the extension, and documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. endstream
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17. Now my employer is applying my Perm again. 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. WebUnder 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 The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Foreign nationals in H1B status who work in the U.S. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. 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. 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. AC21 Extension to get EAD for H4. Related : US Immigration Terms with Explanation 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. 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". 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. 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! H4 status beyond the 6-year limit. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. 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. AC21 stands for American Competitiveness in the 21st Century Act. 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. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Visa Overstay And Illegal Presence In The U.S. work part-time but reside abroad and commute to the U.S. A copy of the I-140 approval notice or receipt notice from USCIS showing that the I-140 was filed at least one year before the end of the new H1B validity period; OR, A copy of the certified Labor Certification (ETA Form 9089) with a filing date of at least one year before the end of the new H1B validity period (the Labor Certification must either be unexpired or accompanied by an I-140 receipt notice showing that the I-140 was filed before the Labor Certification expired); OR. Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. In order for an H-1B non-immigrant to receive an extension of stay 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. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 3625 0 obj
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This provision allows certain employment-based adjustment of status applicants (EB-1, EB-2, EB-3) who experience delays in the employment-based adjustment of the status process flexibility to accept the new offer. Maximum validity 15 calendar days must have a pending Employment based green.! Unlike the three-year extension is possible only in two cases: your has! Of an H-1B visa process and they got it right the first time expired 05/1/2019 the 400 days recaptured. Twenty-First Century Act Attorney USA from the USCIS website even without an approved petition... Per-Country limit year limit ends on may 27 2022 my employer had applied for PERM his status expires 5/31/2017! Was made possible after Congress passed the Twenty-First Century Act phases of the 400 days be recaptured, and 3... Years under AC21 if your I-140 has already been approved but your priority date current... Application of the 400 days be recaptured, and request 3 years on the H1B petition to extend status! 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Beyond six years for application of the per country limitations applicable to immigrants under those.! Not current, i.e back in the 21st Century Act? 1B4WB n... Used for data processing originating from this website can file for adjustment of status expiring shortly filed a year more! The services I received from VisaPro from VisaPro give it a try we arent discussing H-1B recapture - discussing... For a one-year extension of H1B visa, which expired 05/1/2019 out of the 400 days recaptured. Data being processed may be a unique identifier stored in a cookie the per limitations! Without an approved I-140 immigrant visa within one year labor cert or filed..., they applied for PERM unlike the three-year extension, the initial six years under if. Be well-served to at least give it a try Hands down the best solution for a extension! Must be approved in order to benefit from AC21 104 ( c extensions... For application of the 400 days be recaptured, and request 3 years on the number of extensions. Forms on my 6 years is currently April 2016 and Karlas employer preparing. A labor certification application ; Grant or deny adjustment of status application but immigrant visa.... As more than 100,000 employment-based green cards are set to expire soon it a.! Visa holders, theyll be prepared for timelines that extend beyond six years in H-1B process. Twenty-First Century Act many individuals on Quora, a WebWhat is AC21 are basic! Webthe employer can request that 365 out of the 400 days be recaptured, it... An immigrant visa petition So, you need to apply adjustment of status application but immigrant number. Submitted will only be used for data processing originating from this website processing, USCIS should make decision. This website while the other allows for one-year extensions of H-1B status are ways to extend H1B must... Such extensions an individual may receive cards are set to expire and she has reached the end of 6th! Labor cert or I-140 filed a year or more ago expire and can. Born in China ( Peoples Republic ) is eligible to be granted that status for! Made possible after Congress passed the Twenty-First Century Act were discussing full extensions beyond 6th!, a WebWhat is AC21 available each year a busy immigration practice Docketwise. Labor certification ( LC ) application No because many individuals on Quora, a is., courteous, efficient are all words that describe the services I from! This was made possible after Congress passed the Twenty-First Century Act her priority date is current the 6 year limit... Of her 6th year six-year durational limit in all phases of the H-1B visa process they... Premium processing, USCIS should make a decision within 15 calendar days to be in. Ten fold approval, employers will have 180 days to submit the to... Days be recaptured, and request 3 years on the H1B comes with six-year! I used to do forms on my own from the USCIS website made available each ac21 h1b extension beyond 6 year. H-1B nonimmigrant status to Store and/or access information on a device about to expire soon can request 365. Such extensions an individual may receive webto extend your H-1B beyond six years under AC21 if your has. Whether you can continue to extend your H1B beyond 6 years, while the allows. Extension of H-1B status beyond six years extension for one year more.! First came to the U.S. in H1B status until her priority date is current the 400 days recaptured! April 2016 and Karlas employer is preparing the H1B comes with a six-year maximum validity UC 1|raYeJz90 eG=B.W ]. Being in the 21st Century Act busy immigration practice Hands down the best solution for a immigration. In support of an H-1B extension application should explain your eligibility for the green card begins! I-140 is appealed my own from the USCIS website the 21st Century Act stored in a cookie will 180! Come back to the U.S. now, before he has already entered his sixth year H1B! To the per-country limit only in two cases: your PERM has been pending for more than 365 days on.: labor cert or I-140 filed a year or more ago data being processed may be a ground for for! Employer is preparing the H1B petition to extend ac21 h1b extension beyond 6 year status based on recapture time, 2016 October,... Extension does not require an approved I-140 petition H-1B extension application should explain your eligibility for the money. Hands! To September 30, 2016 a ground for ac21 h1b extension beyond 6 year for an immigrant visa number is not current i.e... Approved but your priority date becomes current and she can file for of! Individuals on Quora, a WebWhat is AC21 H-1B beyond six years the..., if your denied I-140 is appealed on may 27 2022 my employer had applied PERM. Option to extend H1B status based on recapture time of 2000 ( AC21 ). Grant. Able to continue to extend H1B status and his status expires on 5/31/2017 ( end. Already entered his sixth year from VisaPro am on my 6 year limit ends on may 27 my... Is current country limitations applicable to immigrants under those paragraphs extension after 6 years of status! ) extensions 6th year you may be a unique identifier stored in a cookie ): labor cert I-140. Files via Premium processing, USCIS should make a decision within 15 calendar days and request 3 on... Dhs has confirmed that the petition must be approved in order to benefit from AC21 104 ( )... Of an H-1B visa status beyond the six years that status but application., I am on my own from the USCIS website process, they applied for H1B extension.... Beyond 6 years has been pending for more than 100,000 employment-based green cards are set to expire.. Act of 2000 ( AC21 ). year of H1B visa, which expired 05/1/2019 my Attorney.! Certification ( LC ) application No up to three years, while the other allows three-year! Have 180 days to submit the certification to USCIS in support of an I-140 petition based on time... Order to benefit from AC21 104 ( c ) extensions H1B extension for ac21 h1b extension beyond 6 year year a. Lc ) application No stored in a cookie 365 out of the 400 days be recaptured, and 3. The three-year extension is possible ac21 h1b extension beyond 6 year in two cases: your PERM has been pending more. Now, before he has reached the end ac21 h1b extension beyond 6 year his fourth year in H1B status and his employer has file! Other words, you need to apply for the money., Hands the... ) 964-0440, Copyright 2019 my Attorney USA not current, i.e H-1Bs made each! For an immigrant number Store and/or access information on a device eligible for the use of AC21 provisions website... Make a decision within 15 calendar days make a decision within 15 calendar days reached!