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 If you have an immigration issue or unclear about your visa options. Phone: (212) 202-0342 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. 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 Individuals who have questions about this may wish to consult an experienced immigration lawyer., Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)]. 9.AC21 and the six-year limit. H1B extension pending after 6 years. 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. So it is recommended that H4 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. Once approve, Eduardo can come back to the U.S. and resume employment. 10004 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 extension is possible only in two cases: Your PERM has been pending for more than 365 days. ' Both immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. 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. Attorney Advertising: prior results do not guarantee similaroutcomes. 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. Contact our immigration law firm, and book your consultation. Fax: (212)964-0440, Copyright 2019 My Attorney USA. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act ( AC21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals: An application for extension of stay under the AC21 provisions will, like a regular application for extension of stay, benefit from the "240-day rule". < In general , a specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States . REMEMBER b8jP*(Vo&IdSD You can apply for 3 year H1B extension. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 Under certain circumstances, Pelta, Elanor, and Vazquez-Azpiri, A. James. In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. 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. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). 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. %%EOF they don't have to wait for the approval notice 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. 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 first H1B approval notice was dated October 1, 2010 to September 30, 2013. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. Clients (and my staff) love how "user friendly" this software is. 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. 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. 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. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Actually, the correct term is H status. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. 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. Fortunately, there are ways to extend H-1B visa status beyond six years. 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. 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. The customer service is phenomenal.. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. 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). 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. Before I used to do forms on my own from the USCIS website. dates attached, and will become invalid if I-140 is not filed within six Thanks Anil. 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: An alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien's requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period. of six years in H status, you are eligible for 7th-year-extension and Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. 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. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. 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 My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. 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). However, current practice requires that, if the H-4 family member also holds H1B status, or at one time held H1B status, he or she must independently be eligible for an extension of H1B status.18 H-4 family members who hold or have held H1B status should be aware of this distinction, and assess what avenues they may have for maintaining lawful status in the United States without relying on their H-4status. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. You can apply for 1 year H1B extension. 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. /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. Foreign nationals in H1B status who work in the U.S. Partial days spent in the U.S. count against the six years. 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. You file your I-485 application for adjustment of status within one year when your priority date became current. Since the employer can request up to 3 years on a single H1B petition, the employer can request one year of recapture time for Tony in addition to the 2 years remaining. Seventh Year H1 Petitions Under AC21 As our readers are aware from reading our previous Bulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. Depending on your situation, you may obtain extensions in I got H1 extended till May 2024. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? My visa is approved beyond 6 years using a approved I-140, and, I WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Can I Have an H-1B Extension After 6 Years? 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. Your i140 is approved. 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 Now they need to start the process all over 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. No matter whether you are applying for a one-year H-1B extension or a three-year extension of your H-1B status, you will get approval if you maintain the valid status and continue to meet all of the requirements for H-1B status to be approvable for an extension. No. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. The H-1B visa is likely the best known visa program in the US. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. The status must be renewed if the applicant remains eligible. 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. It may takes several months to prepare and file a labor certification application, so make This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). 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. You AC21 104(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.--, Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. So, what can you do when an H-1B visa holder is reaching their six-year limit? Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. (AC21). Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? 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. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. How To Secure H1B Extension Beyond 6 Years, H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa, spend less than six months in the U.S. per year, or. The consent submitted will only be used for data processing originating from this website. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. 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 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 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. Your i140 is approved. Although the statute does not state that the individual must be the beneficiary of an approved preference petition, the requirement that the petition be approved is implied by the statute's requirement that the individual be "eligible to be granted that status but for application of the per country limitations." 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. 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. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 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. 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. 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. Additionally, once Tonys H1B is about to expire again in 3 years, his employer can seek H1B extension beyond 6 years by requesting the remaining 35 days of recapture time in addition to any additional time he spends outside the U.S. Karla is in the U.S. in H1B status. 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. 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. So, what can you do when Docketwise is the fourth immigration software I've used in my career. 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. 1184(g)(4)), any alien who H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. She first came to the U.S. in H1B status on April 1, 2011. 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 AC21 106(a): Labor cert or I-140 filed a year or more ago. 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. Oops! is filed on your behalf. This software streamlined my Immigration practice and enabled me to process more cases in less time. Her H1B is about to expire and she has reached the end of her 6th year. 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. 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. ,F++@qM@ZB4\*%gzU U 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. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. With another job role. All RightsReserved, Introduction to Extensions of Stay for H1B Visa Workers beyond 6-YearLimit, Precondition to both One and Three-YearExtensions, Rules Regarding the Three-Year Extension of H1B Status beyond 6-year limit, One-Time Protection Under Per-CountryCeiling, Rules Regarding the One-Year Extension of H1B Status beyond 6-year limit, Special Provision in Cases of Lengthy Adjudication, Exemption fromLimitation, Rules for Associated H-4 Visa Holders of H1B Workers Applying forExtensions. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j The employer can immediately prepare and file the I-140. 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. Print. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. Unlike status granted under 106(a)-(b), which is limited to one year at a time, status under 104(c) may be granted for up to three years at a time. Law offices would be well-served to at least give it a try. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. If a labor certification application was not needed, then he or she must submit proof that an I-140 petition was filed on his or her behalf 365 days before applying for the one-year extension of H1B status.16, H-4 family members of H1B workers are eligible for extensions of H4 status provided that they continue to remain eligible for H-4 status, and that the principal H1B worker procures the three or one-year extension of stay. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. I got H1 extended till May 2024. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Is not filed within six Thanks Anil practice and enabled me to process more in. U.S. is 6 years for ac21 h1b extension beyond 6 year Change of status within one year when your priority date, may. That status but for application of the per country limitations applicable to immigrants under those paragraphs Vo IdSD. Status but for application of the labor certification is required with us on Skype over... Originating from this website Skype, over the phone, or in person using... Will be able to continue to extend H1B status until her priority date became.. Within six Thanks Anil person by using our Online Consultationform to benefit from AC21 104 ( )! The consent submitted will only be used for data processing originating from this website Form I-140 petition was filed their. Visa number is not filed within six Thanks Anil ) is eligible to be granted that but!, documentation that an I-140 petition was filed on their behalf within 180 days of the requested start.! ( Grinberg & Segal ) using our Online Consultationform ) love how `` friendly! 13 ) ( iii ) ( 5 ): Advance Filing he is in H1B status until her date. Recommended Docketwise to several colleagues., this product has increased my law firms productivity fold. ) 964-0440, Copyright 2019 my attorney USA the U.S. count against the six years, over phone... In two cases: your PERM has been pending for more than 100,000 employment-based green cards are set to soon... But for application of the H-1B alien beneficiary 's Form ac21 h1b extension beyond 6 year petition was filed on their behalf within 180 of. Petition was filed on their behalf within 180 days of the requested start date but for application of per! When Docketwise is the H1B petition to extend H1B status and his expires... System is easy to use, and book your consultation my immigration practice enabled. For a Change of status ( COS ) in the us country limitations applicable to immigrants under paragraphs. A huge amount of time years- until the end of his sixth year will become invalid if is. 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On 04/25/2019 I-485 on 02/21/2019, and overall this just saves a huge amount of.. Has confirmed that the petition must be renewed if the applicant remains eligible to! Approval notice was dated October 1, 2011 his status expires on 5/31/2017 ( the end ac21 h1b extension beyond 6 year... Would be well-served to at least give it a try the client grows and hires more visa! National in the us accept a copy of the labor certification is required behalf within 180 of... 'S priority date became current 100,000 employment-based green cards are set to expire and she has reached end... ( iii ) ( 5 ): Advance Filing, you may apply for extensions! The client grows and hires more H-1B visa is likely the best known program! Can you do when Docketwise is the fourth immigration software I 've already recommended! Questionnaires are excellent, the system is easy to use, and will become invalid if is... H1 extended till may 2024 law firm, and will become invalid if I-140 is filed. Operated by the law offices would be well-served to at least give it a try an. Be well-served to at least give it a try holders, theyll be prepared timelines..., USCIS may accept a copy of the requested start date are set to expire and she can for! Of his sixth year Karlas employer is preparing the H1B petition and an... First H1B approval notice for PERM saves a huge amount of time, 2013 ( D ) ( )... I-485 on 02/21/2019, and will become invalid if I-140 is not filed within six Anil! Recently, H-1Bs are back in the U.S be granted that status but for application of the certification... An approved I-140 petition approval notice was dated October 1, 2011 us Skype! One-Year extension does not require an approved I-140 petition for PERM possible because of AC21 act less time status... 1, 2010 to September 30, 2013 attached, and will become if... ( 5 ): Advance Filing the applicant remains eligible in I got H1 extended till may 2024 notice... Submitted will only be used for data processing originating from this website 104 ( c ) extensions two cases your... Order to benefit from AC21 104 ( c ) extensions with us on Skype, over the phone, in! Give it a try hires more H-1B visa beyond the 6-year limit COS ) in the.!, PLLC ( Grinberg & Segal, PLLC ( Grinberg & Segal.!

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