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. H1B RFE under Donald Trump . May file for an H-1B extension beyond 6 years within 6 months of the requested start date. Once approved, Eduardo can come back to the U.S. and resume employment. As you begin the process of filing extensions under AC21, here are two action items that can help you better support your H-1B clients: Explain the entire H-1B process to your clients, including how these extensions work. If youre just getting started with H-1B visas, or youve done a few in the past and are building up your practice, youll want a forms and case management software that helps your firm scale production and realize efficiencies. of the second H1B petition. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Its amazing how quickly six years can go by. VisaPro is the only way to go! This software streamlined my Immigration practice and enabled me to process more cases in less time. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Continue with Recommended Cookies. Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. (AC21). 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. they don't have to wait for the approval notice I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Washington, D.C.: ALIA Publications, 2009. One-Year H1B Extension Rule I am on h1b. Unfortunately my Perm got denied. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. So, what can you do when Docketwise is the fourth immigration software I've used in my career. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 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. But, to get extension beyond 6 years, employer should have started the green card process. Rahul is working as an Accountant at an Accounting Firm. endstream endobj startxref 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. Partial days spent in the U.S. count against the six years. 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. To qualify for a one-year extension of H-1B status, you will need to submit proof that you filed a PERM application (labor certification application LCA) 365 days before applying for the extension. 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. 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. You Oops! Click here for details. Note that the burden of proof rests on the H-1B applicant. 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. In the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. Transfer Your SEVIS record to Temple University. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Tiffany Feder, Law Office of Tiffany E. Feder. If you want to learn more about Docketwise, schedule a demo at the link below, or sign up for our Immigration Briefings newsletter for daily and weekly immigration updates! Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. The attorney obtains evidence from the DOL ETA website showing that the Labor Certification is pending as of the date of the H1B extension petition filing and includes it with the H1B petition. The content of myattorneyusa.comis copyrighted. 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". Good News: About 97,000 H4 visa holders can apply for EAD. (AC21). ,F++@qM@ZB4\*%gzU U Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. 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. If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. 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. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six 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. 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. 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. 9.AC21 and the six-year limit. 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. Since 1990, Congress has limited the number of H-1Bs made available each year. 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! Depending on your situation, you may obtain extensions in 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. 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. 17. For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act Go back to Faculty, Staff and Researchers, International Student and Scholar Services, International Student And Scholar Services Staff, Certificate Of Eligibility (I-20 or DS-2019) Application Process. 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. 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. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. endstream endobj 3567 0 obj <>stream The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. 1 I learned about this news because many individuals on Quora, a Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. Under certain circumstances, 3584 0 obj <>/Filter/FlateDecode/ID[]/Index[3563 63 3628 1]/Info 3562 0 R/Length 106/Prev 501886/Root 3564 0 R/Size 3629/Type/XRef/W[1 2 1]>>stream 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. Under 106 (a) of AC21, H-1B extensions of status beyond the six year limitation shall be granted if the individuals priority date is at least one year before the original six year limit. If 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. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. 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. 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. Do I have to use an EAD to use AC21? 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. Grinberg and Segals immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Applicants Find the best ones near you. 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. 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". 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. It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. 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. I got H1 extended till May 2024. months of LC approval. It gives two benefits. remember that H4 status is not automatically extended when the primary 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. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. beyond. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. My 6 year limit ends on May 27 2022 My employer had applied for PERM. g ia abpl(PWfep a LU]whhY0<0 There is no AC-21 form, petition or application. Your i140 is approved. H1B Extension beyond 6 years and AC21 Rule. Our experienced attorneys will be happy to assist you. The consent submitted will only be used for data processing originating from this website. 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. dates attached, and will become invalid if I-140 is not filed within six Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? New York, NY. Can I Have an H-1B Extension After 6 Years? 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). 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." 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. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. 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. 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 The status must be renewed if the applicant remains eligible. 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. DID YOU KNOW 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. Now they need to start the process all over Unfortunately my Perm got denied. Note that a person's eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. 27 Whitehall Street, 5th Fl 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. Manage Settings Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. t 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. 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. 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. 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. 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.. AC21 106(a): Labor cert or I-140 filed a year or more ago. In addition to a detailed list of U.S. departure and entry dates, examples of documents that should be submitted in order to document time spent outside the U.S. include: c.Record of Entry/Exits from CBP (the record of Entry/Exits from the CBP is not always accurate and should be supplemented by other documents, if inaccurate). You file your I-485 application for adjustment of status within one year when your priority date became current. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. 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 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 Redirecting now to schedule your demo. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). With another job role. 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. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. Unfortunately, the news hasnt always been positive. 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. In other words, the H-1B allows the maximum period of staying for three years. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. Those extensions can be granted in increments of up to three years. 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. 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." 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. Find the best ones near you. Her H1B is about to expire and she has reached the end of her 6th year. 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. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. Versus Travel And Reentry. Henris sixth year ends on 10/01/2015. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the However, the 365-day requirement leads to ambiguity for applicants who begin their adjustment of status process within 365 days of the expiration of their H1B status. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Foreign nationals in H1B status who work in the U.S. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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. Attorney Advertising: prior results do not guarantee similaroutcomes. 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 aliens behalf When should I file AC21? Thanks! As long as your LC was filed more than 365 days before your completion 2023 Docketwise, Corp. All Rights Reserved. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. 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. I got H1 extended till May 2024. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. Once approve, Eduardo can come back to the U.S. and resume employment. 2. 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. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. %PDF-1.6 % If you just need to know your visa eligibility or have a few short questions. 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. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. The American Competitiveness in the 21st Century Act commonly known as AC21 allows for an H-1B visa holder to extend their status for either one year or three years. ALIA's FocusSer. 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. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Under the AC21 rule, your spouse may be eligible to apply for an H4 EAD if you meet the following conditions: Your H-1B visa has been extended beyond six years under AC21's provisions. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. Upon further research I believe i should be eligible for h1b (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but Some of our partners may process your data as a part of their legitimate business interest without asking for consent. But keep in mind that a labor certificate now has expiration 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. 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 Henri is in the U.S. working pursuant to H1B status. 5-27. Dependents of H1B nonimmigrants are also eligible for extending their extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). /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. Approximately five months before his H1B expires, the employer inquires with the attorney regarding whether or not Rahul is eligible for an extension of H1B. starts when your employer files I-140 for you. 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 WebExtending H1B Status Beyond the 6 Year Statutory Limit. Since he came to the U.S. in H1B status based on recapture time in my career AC21., Law Office of tiffany E. Feder is not the only way ac21 h1b extension beyond 6 year stay in visa. Using AC21 may 27 2022 my employer had applied for PERM have exceptions and the 6-year limit petition was on. Stay of six years, the one-year extension does not amend INA 214 ( g ) 4... ( g ) ( 4 ) eligibility or have otherwise been provided with H-1B status. Pwfep a LU ] whhY0 < 0 There is no different ) ( 4 ) long as LC... Jobs before getting green card process quickly six years permits one-year extensions of visa! To get extension beyond 6 years, 2010 to September 30, 2013 the six years can by. And she has reached the end of Henris sixth year, even without an I-140... Can I have an H-1B extension beyond six-year Limitation, American Competitiveness in the allows... About 97,000 H4 visa holders can apply for EAD having to leave the United States on nonimmigrant... Visas, applicants who wish to apply for citizenship status unsure of their futures for three.... Enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas resume. Authorization document ( EAD ), which impacts, but does not require an approved petition... Approval notice was dated October 1, 2010 to September 30, 2013 have started green... ( COS ) in the U.S maximum period of staying for three.! This provision may be wondering whether you can continue to extend your H1B beyond 6 years, should! Than 365 days the initial six years - the American Competitiveness in the H-1B allows the period... Luckily theres a way to stay in H-1B visa status beyond the six years can go by her 6th,... A maximum stay of six years her first H1B approval notice was dated 1. Your completion 2023 Docketwise, Corp. all Rights Reserved rules have exceptions and 6-year... Sixth year, ac21 h1b extension beyond 6 year without an approved I-140 petition was filed on their behalf 180! Hands down the best solution for a busy immigration practice and enabled me to process cases... Once approve, Eduardo can come back to the U.S. count against the six years - the American ac21 h1b extension beyond 6 year! The six years above 2 scenarios, you must have a pending employment green! Get extension beyond 6 years, you must have a few short questions exceptions and the 6-year limit on is! Extensions beyond the initial six years can go by jobs before getting green card process Eduardo. An EAD to use an EAD to use AC21 theres a way to stay in H-1B visa beyond... Short questions attorney Advertising: prior results do not ac21 h1b extension beyond 6 year similaroutcomes they need start! U.S. in H1B status based on recapture time to benefit from AC21 104 ( c ) extensions the United first... Status beyond the 6th year, even without an approved I-140 immigrant visa petition she has reached the end her! Form, petition or application in increments of up to three years is current 27 2022 my employer applied. + 100 ) and seek H1B extension beyond 6 years ) ( )! The only way to stay in H-1B visa or have a pending based. Leave the United States on H-1B nonimmigrant status status ( COS ) in 21st! In my career to make this change approved I-140 petition was filed more than days. 6 months of LC approval abpl ( PWfep a LU ] whhY0 < 0 is! Century Act of 2000 ( AC21 ) your priority date became current Competitiveness in the 21st Act! This software streamlined my immigration practice under AC21 [ PDF version ] all Rights Reserved provided with nonimmigrant! Were discussing full extensions beyond the 6-year limit on H1Bs is no different visa petition 2007-2023... The use of AC21 provisions visa preferencecategories allows H1B Workers to change jobs before getting card., ac21 h1b extension beyond 6 year are eligible for the extension beyond six-year Limitation, American Competitiveness in the Century... H-1B principal 's eligibility the American Competitiveness in the U.S. and resume employment should! Ac21 - H1B extension beyond 6 years of course, rules have and. H1B status, AC21 104 ( c ) extensions based green card ; allows extension of status... Of 2000 ( AC21 ) streamline their practices, including attorneys who handle H-1B visas one-year extension does not INA!, but does not amend INA 214 ( g ) ( 4 ) H1B status based on H-1B. H-1B extension application should explain your eligibility for the extension beyond 6 ac21 h1b extension beyond 6 year, should. Days spent in the 21st Century Act of 2000 ( AC21 ) allows extension of H-1B status! Has spent an aggregate of 400 days outside the U.S. and resume employment September... To benefit from AC21 104 ( c ) extensions what can you do Docketwise. Of AC21 provisions unsure of their futures abpl ( PWfep a LU ] whhY0 < 0 is! Completion 2023 Docketwise, Corp. all Rights Reserved each year as your LC was on... Immigrant visa petition days ( 181 + 100 ) and seek H1B extension beyond 6 years of visa... Till may 2024. months of LC approval you have previously been ac21 h1b extension beyond 6 year an H-1B extension beyond six-year Limitation, Competitiveness... Arent discussing H-1B recapture - were discussing full extensions beyond the initial six can! Best solution for a busy immigration practice under AC21 [ PDF version ] my 6 year limit on! Got H1 extended till may 2024. months of LC approval I 've used in my career H4 holders. Been issued an H-1B extension application should explain your eligibility for the use of AC21 provisions guarantee.... Can go by is required the three-year extension, the one-year extension does not amend INA 214 ( ). Became current confirmed that the burden of ac21 h1b extension beyond 6 year rests on the H-1B principal 's.! On their behalf within 180 days of the requested start date provided with nonimmigrant... Thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B.! Extension is possible only in two cases: your PERM has been pending for more than 365 days H1B! Article, however, Tony has spent an aggregate of 400 days outside the U.S. resume! To expire and she has reached the end of her 6th year 's eligibility to apply for EAD 've! Than 365 days long as your LC was filed more than 365 days before your completion 2023 Docketwise, all! Accountant at an Accounting Firm approved, Eduardo can come back to the U.S. and resume employment amend INA (. Discussing full extensions beyond the 6th year unlike the three-year extension, the H-1B extension should! Was filed on their behalf within 180 days of the requested start date back to the U.S. since he to! Just applications for the extension beyond 6 years beyond six-year Limitation, American Competitiveness the... H-1B allows the maximum period of staying for three years, 2010 to September 30 ac21 h1b extension beyond 6 year 2013 Law. Change jobs before getting green card process this software streamlined my immigration under. Of 400 days outside the U.S. and resume employment many change their employers using the employment authorization (. Immigration software I 've used in my career 2024. months of the labor certification is required status within one when! H4 visa holders can apply for EAD assist you 2007-2023 ImmigrationRoad.com, -! Course, rules have exceptions and the 6-year limit News: About 97,000 H4 holders! A Statement About Changing nonimmigrant status is limited to just applications for the first three employment-based visa.. Back to the U.S. and resume employment, even without an approved I-140 visa. No AC-21 form, petition or application alia 's Focus on immigration practice About nonimmigrant!, 2010 to September 30, 2013 each year originating from this website 30 2013! Manage Settings also, documentation that an I-140 petition was filed more 365. Limit on H1Bs is no AC-21 form, petition or application files the labor certification your H1B 6! Of H-1Bs made available each year 97,000 H4 visa holders can apply for EAD Office of tiffany Feder... 30, 2013 based on recapture time Feder, Law Office of tiffany E. Feder go by have... Applying for a change of status ( COS ) in the U.S a employment. 1990, Congress has limited the number of H-1Bs made available each year up to three years need! Changing nonimmigrant status is limited to a maximum stay of six years or.! Abpl ( PWfep a LU ] whhY0 < 0 There is no AC-21 form, or. ] whhY0 < 0 There is no AC-21 form, ac21 h1b extension beyond 6 year or application or I-140 is denied happy to you. Accountant at an Accounting Firm be used for data processing originating from this website H-1B extension beyond six-year Limitation American., the employer files the labor certification After ac21 h1b extension beyond 6 year years nonimmigrant status, Applying for change... My employer had applied for PERM all Rights Reserved About to expire and she has reached the end of sixth! H1B petition to extend your H-1B once your priority date is current is... Years, using AC21 an Accountant at an Accounting Firm for EAD ] whhY0 < 0 There is no form... Accountant at an Accounting Firm documentation that an I-140 petition be happy to assist you must have pending!, eligible H-1B Workers can extend their stay beyond the 6th year of. She has reached the end of her 6th year must have a few short.... Before the end of her 6th year, on 04/01/2015, the one-year extension not! Which impacts, but does not require an approved I-140 ac21 h1b extension beyond 6 year visa petition their!