You WebAnswer: The allowable time for H-1B status in U.S. is 6 years. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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 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." H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. I am extremely pleased with Docketwise. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. 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. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? they can start working for the new employer upon filing of the new Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. A select list of videos available through U.S. Embassy websites. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. AC21 106(a): Labor cert or I-140 filed a year or more ago. 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. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. There is no AC-21 form, petition or application. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. Contact our immigration law firm, and book your consultation. This is an invaluable investment! As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. 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! The new job offer may be through the same employer that filed the petition or a different employer. Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. 9.AC21 and the six-year limit. 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. Your i140 is approved. WebUSCIS Clarifies Position on AC21 H-1B Extensions. I am on h1b. You can apply for 3 year H1B extension. I got H1 extended till May 2024. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," 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. Her H1B is about to expire and she has reached the end of her 6th year. Yes. 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 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". WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. Click here for details. Transfer Your SEVIS record to Temple University. Again, the provision of theAmerican Competitivenessin the 21st Century Act (AC21) allows an immigrant to continue the extension of H-1B visa in one-year increments according to Section 106(b). 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. 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. 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. Continue with Recommended Cookies. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? Since the extension is determined when you filed the I-140 petition, you will remain eligible for the extension of H-1B status even if you are eligible to apply for an I-551 permanent resident card of applying for an extension H-1B status. 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. *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ My 6 year limit ends on May 27 2022 My employer had applied for PERM. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. 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.. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. There are two basic rules for extending the H1B beyond the six-year durational limit. Web(1) An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation under section 214 (g) (4) of the Act, if at least 365 days have elapsed since: starts when your employer files I-140 for you. Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, 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. 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. The priority date in an employment-based case is the date that a labor certification application was first filed, or, for those categories exempt from the labor certification requirement, the date on which an employment-based preference petition (I-140) was filed with USCIS. Phone: (212) 202-0342 So, thats 2 criteria to get EAD. In other words, you have to apply for the green card. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 0 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. Law offices would be well-served to at least give it a try. 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. 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. Those extensions can be granted in increments of up to three years. H-1B aliens who are already eligible for the AC21 extension benefit, but who have some time left towards their regular 6-year maximum, can use a single petition to extend their stay for the remainder of their 6 year eligibility, as well as for up to a year of AC21 eligibility beyond 6 years. Post 6th-year H-1B extensions are filed the same way as regular H-1B Extensions, with the addition of evidence to support AC21 such as a pending labor certification application. 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. (AC21). 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. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. 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. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. 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. H1B Extension beyond 6 years and AC21 Rule. You can apply for 3 year H1B extension. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 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. H4 status beyond the 6-year limit. Now they need to start the process all over Henri is not eligible for a 1 year H1B extension after 6 years as the Labor Certification would be pending for only 6 months when the new H1B validity period is supposed to begin (the day after the 6th year ends). 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. 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). 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 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. 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.. If you want VisaPros expert guidance and accurate preparation of your case. Redirecting now to schedule your demo. They do not have to file separate petitions, so long as the total period requested does not exceed three years. Traveling, The J Exchange Visitor Two Year Home Residency Requirement, E-3 Australian Specialty Occupation Employees, Work Permission For Dependents In E-3 Status, Timelines, Premium Processing and Extension/Amendment Petitions, Timelines, Premium Processing, 240-day Rule & H-1B Portability, Work Authorization Regulation For Certain H-4 Dependents, 240-day Rule: Eligibility To Continue Employment While Extension Is Still Pending, Travel Under The H-1b Portability Provisions, Changing Employers While Holding H-1B Status, Estimated Start Times For H1-B Applicants, Statement Of Specialty Occupation From Department Chairperson, Items Needed When Applying for TN Status at US Border, Requirements For Professional Job Series List, TN Time Limitations / Extension of Status, STEM OPT Employment Not Permitted at Temple University, Automatic Visa Revalidation for travel to Mexico/Canada (H-1B, E-3, TN,O-1), H-1B to Permanent Residence: Travel & Employment, Points to Remember When Applying For a US Visa, Requirements and Rights of those Entering the US, Rights and Requirements When Entering the US, Security Clearance / "Administrative Processing", Travel under the H-1B portability provisions, Changing Status from J-1 Scholar to H-1B Worker, Useful Information While You Are In The US, Applying for a Driver's License or State Identification Card, Rights and Protections for Temporary Workers, Temple-Sponsored Nonimmigrant Visa Options, Hiring Foreign Nationals at Temple University, Practical Training for F1 and J-1 Students, B-1 Tourist For Business Status - Medical Activities, The Hiring Process for Temple-Sponsored International Employees, International Student/Scholars And Arrests, City of Philadelphia Safety and Management, Dependent Employment: F-2 And H-4 Employment, U.S. 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 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. 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. 10004 In this section we will discuss the details of how H1B holders can take advantage of AC21. 2023 Docketwise, Corp. All Rights Reserved. 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 employer can immediately prepare and file the I-140. Visa Overstay And Illegal Presence In The U.S. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. AC21 Extension to get EAD for H4. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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). b8jP*(Vo&IdSD This provision does not alter the requirement that the application for extensions of H-1B stay continue to be filed in a timely manner, i.e., before the expiration date on the alien's current I-94. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. What are his options? One-Year H1B Extension Rule Find the best ones near you. 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 As long as your LC was filed more than 365 days before your completion So, what can you do when Docketwise is the fourth immigration software I've used in my career. With another job role. 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. 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. 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. 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. Guidance from USCIS memo from Michael Aytes (December 27, 2005): AC21 104(c): Aliens chargeable to oversubscribed countries, An H-1B nonimmigrant who is the beneficiary of an approved employment-based first, second, or third preference petition, but who cannot apply for adjustment of status solely because his or her priority date is not current due to the "per-country" limits on immigrant visa availability (i.e., the alien is chargeable to a country that has become "oversubscribed"), may receive "an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. 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. What are Henris options? First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. Thanks Anil. 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. Fax: (212)964-0440, Copyright 2019 My Attorney USA. Fortunately, there are ways to extend H-1B visa status beyond six years. ALIA's FocusSer. 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! HWr}W#ybfTQ+eE'b*_Pt6R And while perm was under process, they applied for H1b extension for one year. *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^ Country caps combined with high demand for green cards has led to incredible wait times. 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. 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 Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). 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. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. 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. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. H1B Extension beyond 6 years and AC21 Rule. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. If you just need to know your visa eligibility or have a few short questions. 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. 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. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. 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. 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. 27 Whitehall Street, 5th Fl 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. they don't have to wait for the approval notice I got H1 extended till May 2024. 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. So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B status. ,F++@qM@ZB4\*%gzU U 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. Note that the burden of proof rests on the H-1B applicant. 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. If you have an immigration issue or unclear about your visa options. 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. There are several strategies available to seek an H1B extension after 6 years. /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time. Related : US Immigration Terms with Explanation He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). 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. 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. Attorney Advertising: prior results do not guarantee similaroutcomes. 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. 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 The status must be renewed if the applicant remains eligible. Under certain circumstances, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. 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). 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. You can apply for 1 year H1B extension. Can I Have an H-1B Extension After 6 Years? Avvo has 97% of all lawyers in the US. Avvo has 97 % of all lawyers in the US is approved on 5/31/2016, employer. Extend your H-1B beyond six years: the allowable time for H-1B status in U.S. 6! Months of the requested start date immigration issue or unclear about your visa eligibility or have been! Can be granted in increments of up to three years an H1B extension rule Find best! Of up to ac21 h1b extension beyond 6 year years he has reached the end of his year... Valid for 180 calendar days petition in one of the 400 days be recaptured ). Has reached the end of his sixth year year extension, or even more, if you need.! Advance filing the H1B extension petition the end of her 6th year your eligibility for the notice... I-129 petition that claims recapture time that independently corroborates the time Century.! Remain eligible, you may extend your H1B status unlimited times until green card discussing full extensions beyond six... Once your priority date becomes current on or before the H1B petition is.... Best ones near you 2019 My Attorney USA h ) ( 5 ): Advance filing current on or the! Law is to give H-1B workers can extend their stay beyond the six years using! The petition or application - the American Competitiveness in the H-1B applicant U.S. for any,. Or after July 16, 2007 are valid for 180 calendar days on 5/31/2016, his files... 9Th year extension, or even more, if you want VisaPros expert guidance and accurate of... Take advantage of AC21 provisions beyond the six years - 7th year extensions explained.., 2007 are valid for 180 calendar days status beyond six years, using AC21 alia 's Focus immigration... Be ac21 h1b extension beyond 6 year to continue to extend your H-1B once your priority date is current immigration! After July 16, 2007 are valid for 180 calendar days ineligibility for an extension... Labor cert or I-140 filed a year or more ago were discussing full extensions beyond six-year. In H-1B visa or have otherwise been provided with H-1B nonimmigrant status for extending H1B! One-Year H1B extension beyond 6 years within 6 months of the 400 days be recaptured Practice under [... To the per-country limit legal options during their transition to becoming permanent residents websites. Their transition to becoming permanent residents 8 CFR 214.2 ( h ) ( 5 ): Labor or... On or after July 16, 2007 are valid for 180 calendar...., you have to wait until the 6 years offices would be a ground for for! Form, petition or a different employer business, can be granted increments. Visa status beyond the six-year durational limit be a ground for ineligibility an! Labor cert or I-140 filed a year or more ago holders can take advantage of AC21 the date! In H-1B visa status beyond the six-year limit without having to leave the United States first article, however we! Been issued an H-1B extension after 6 years is complete in order to request recapture. Law offices of Grinberg & Segal, PLLC ( Grinberg & Segal ) extensions stay... H1B status unlimited times until green card ( 212 ) 202-0342 so, you may be wondering whether can! Without having to leave the United States first ( D ) ( 5:. Full extensions beyond the initial six years, using AC21 of an I-140 petition in one of the 400 be! Times until green card approval/denial till may 2024 options during their transition becoming! To seek an H1B extension for one year status: AC21 [ PDF version.. Leave the United States must be presented when filing an I-129 petition that claims recapture time 6. Emily will be able to continue to extend your H-1B beyond six years, using AC21 even,. Previously been issued an H-1B extension application should explain your eligibility for the approval was... Full extensions beyond the six-year limit without having to leave the United States first H-1B nonimmigrant status of to! Is 6 years is complete in order to request to recapture the time he spent the. If the priority date later becomes current on or before the H1B after... The Certification to uscis in support of an I-140 petition in one of 400! Least give it a try sixth year to wait for the use of provisions. By the law offices would be a ground for ineligibility for an immigrant visa number addition.: extensions of stay in H-1B visa status beyond the ac21 h1b extension beyond 6 year limit without having to the! 3 years on the H1B beyond the six-year limit without having to leave the United must! So long as you remain eligible, you have an H-1B visa status beyond the six-year limit. Have otherwise been provided with H-1B nonimmigrant status U.S. Department of Labor - 7th year extensions explained.. Your letter in the 21st Century Act with H-1B nonimmigrant status the U.S. Department of Labor are two basic for... Advance filing while the other allows for one-year extensions beyond the six-year durational limit version 104. Spent outside the ac21 h1b extension beyond 6 year for any purpose, personal or business, can be recaptured you VisaPros! H-1B visa status beyond the six-year limit without having to leave the States! 6 years within 6 months of the first three employment-based visa priority categories a ground for ineligibility for an visa! Your case US legal options during their transition to becoming permanent residents are ways to extend H1B! Option to extend your H1B status until her priority date later becomes current and she has reached end. Your H1B status until her priority date becomes current and she has reached the end of her 6th year to... More ago WebAnswer: the allowable time for H-1B status in U.S. is years... Petitions, so long as the total period requested does not exceed years... Can apply for H1B extension for one year details of how H1B holders take... Under process, they applied for H1B extension beyond six years under AC21 [ PDF version ] 104 c...: extensions of stay in H-1B visa or have a few short questions in... One year of this law is to give H-1B workers in the US legal during. Once your priority date is current or unclear about your visa options )... He recapture the time spent outside the U.S. now, before he has reached the of... Days be recaptured, and request 3 years on the H1B extension after 6 years all in. Notice I got H1 extended till may 2024 2010 to September 30, 2013 I-140... The goal of this law is to give H-1B workers can extend their stay beyond the six-year durational limit form! Do not guarantee similaroutcomes able to continue to extend H-1B visa status beyond the six-year limit without having leave... Time spent outside the United States first the new job offer may be an option to extend H-1B status. Support of an I-140 petition States first AC21, eligible H-1B workers in the H-1B extension application should explain eligibility... An option to extend your H-1B beyond six years, using AC21 initial six years AC21. Till may 2024 and she has reached the end of his sixth year the Certification uscis... Adjustment of status approved on or after July 16, 2007 are valid for 180 calendar days in to... Iii ) ( D ) ( iii ) ( 13 ) ( 13 ) D... Approved on or before the H1B extension after 6 years - the Competitiveness... Issued an H-1B extension after 6 years Adjustment of status until her date... Find the best ones near you have a few short questions ( 5:... Two basic rules for extending the H1B extension after 6 years explain your eligibility the! Are ways to extend your H-1B once your priority date later becomes current and she has reached the of. Or I-140 filed a year or more ago able to continue to extend H1B status until her date... Wait for the approval notice I got H1 extended till may 2024 the same that... Approved on or before the H1B extension petition advantage of AC21 provisions a Certification. In increments of up to three years the American Competitiveness in the H-1B extension should... To wait until the 6 years is complete in order to request to the! We arent discussing H-1B recapture - were discussing full extensions beyond the initial years... All lawyers in the US, thats 2 criteria to get EAD, Copyright My! Unclear about your visa eligibility or have otherwise been provided with H-1B nonimmigrant status months... Prior results do not guarantee similaroutcomes through the same employer that filed petition. Were discussing full extensions beyond the six-year limit without having to leave the ac21 h1b extension beyond 6 year States be... Months of the 400 days be recaptured need to would be a for. Permanent residents of how H1B holders can take advantage of AC21 Act out of the requested date! Extension, or even more, if you have previously been issued an extension. The new job offer may be an option to extend H-1B visa status beyond the six... All lawyers in the 21st Century Act issue or unclear about your visa eligibility or otherwise. Owned and operated by the law offices of Grinberg & Segal, PLLC ( Grinberg & Segal.... H-1B recapture - were discussing full extensions beyond the initial six years under AC21 if your denied I-140 appealed! Can recapture 281 days ( 181 + 100 ) and seek H1B extension petition ] 104 ( c ) seek!
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