What are Henris options? The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? 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. 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. Henris options include: H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is retrogressed. However, the time you spent outside the U.S. may be subtracted from the calculation, allowing you to recapture those days to effectively extend your six-year limit. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. 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. And while perm was under process, they applied for H1b extension for one year. 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. g ia abpl(PWfep a LU]whhY0<0 There are several strategies available to seek an H1B extension after 6 years. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. Citizenship and Immigration Services, 365 days or more have passed since the filing of any application for labor certification (Form ETA 750 or 9089) that is required or used by the alien to obtain status as an EB immigrant; or, 365 days or more have passed since the filing of an EB immigrant petition (I-140); or. Fortunately, there are ways to extend H-1B visa status beyond six years. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. 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. In this section we will discuss the details of how H1B holders can take advantage of AC21. 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." months of LC approval. 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. 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. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). While you wait for your priority date to become current after USCIS approved your I-140 petition, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document) they will will be able to extend it as lons as you have an approved I-140. t 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. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. 2. H1B Extension beyond 6 years and AC21 Rule. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. {:d *qzMpDmU@P4@ Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. 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? Webalien to request an H-1B extension beyond the 6-year limit? 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 WebAn H1B visa holder can extend their H1B visa status in one year or three year increments if a labor certification (PERM) or Form I-140 was filed at least 365 days prior to the submission of the extension request or at least one year prior to the completion of the 6th year. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. H1B extension pending after 6 years. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. 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. AC21 Extension to get EAD for H4. This is an invaluable investment! And while perm was under process, they applied for H1b extension for one year. Versus Travel And Reentry. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X b8jP*(Vo&IdSD Visa Overstay And Illegal Presence In The U.S. Eligibility For Change Of Status Applying In The U.S. Eduardo was in the U.S. in H1B status. 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. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the %PDF-1.6 % Moreover, we speak 12 languages and build strong attorney client relationship! Clients (and my staff) love how "user friendly" this software is. At least 365 days have elapsed since your employer filed a labor certification application (or an I-140 petition if a labor certification was not required). Citizenship and Immigration Services USCIS decides upon petition within 15 days, so you can speed up the process and apply for the three-year extension instead of a one-year extension of your H-1B visa. There is no limit on the number of such extensions an individual may receive. If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? You can apply for 1 year H1B extension. Click here for more information. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 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. To do so, the sponsoring employers application for an immigrant visa (Form I-140), PERM application (permanent labor certification request), or the applicants petition to adjust to permanent resident status respectively, remains pending. You can apply for 1 year H1B extension. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. Since 1990, Congress has limited the number of H-1Bs made available each year. See AC21 Section 104(c). Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? Now my employer is applying my Perm again. Your PERM petition (labor certification application) or I-140 petition have been filed at least 365 days before you reached your six-year limit of H-1B time, and. 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). Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Under certain circumstances, (AC21). WebExtending H1B Status Beyond the 6 Year Statutory Limit. Applying For A Change Of Status In The U.S. Temple Departments Important to Incoming Students, Reduced Course Load (RCL) Based On A Medical Condition, Returning to Temple After Leave of Absence. The labor certification application (or I-140 petition if labor certification was not required) has neither expired nor been denied when the one-year extension of status is sought11. endstream endobj startxref 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 Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number. 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. If you just need to know your visa eligibility or have a few short questions. 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. 9.AC21 and the six-year limit. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Do I have to use an EAD to use AC21? An experienced immigration lawyer can lead you through the extension process and advise you on what documents and evidence to prepare, and do all these lousy paperwork instead of you. Yes, you may extend your H-1B visa beyond the 6-year limit. endstream endobj 3564 0 obj <>/Metadata 168 0 R/OCProperties<>/OCGs[3586 0 R 3587 0 R 3588 0 R 3589 0 R 3590 0 R 3591 0 R 3592 0 R 3593 0 R 3594 0 R 3595 0 R 3596 0 R 3597 0 R 3598 0 R 3599 0 R 3600 0 R 3601 0 R 3602 0 R 3603 0 R 3604 0 R]>>/PageLabels 3557 0 R/PageLayout/OneColumn/Pages 3559 0 R/PieceInfo<>>>/StructTreeRoot 280 0 R/Type/Catalog/ViewerPreferences<>>> endobj 3565 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/StructParents 45/Tabs/S/Type/Page>> endobj 3566 0 obj <>stream 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. 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. 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). 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. 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 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. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. See AC21 104(c). The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. 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. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and No. 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. 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 dates attached, and will become invalid if I-140 is not filed within six 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. ALIA's FocusSer. The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit The status must be renewed if the applicant remains eligible. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. 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. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. Unfortunately my Perm got denied. 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. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. 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 six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. Find the best ones near you. 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. *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^ 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 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. 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. The principal H-1B worker procures the three or one-year extension of stay. 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. Your i140 is approved. 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. 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. 3625 0 obj <>stream Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. 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. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. 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. In these cases, the applicants sometimes leave the United States before the expiration of their H-1B visa to preserve the remainder of their H-1B status while abroad. 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". Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. 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. 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. 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 The interface is very user friendly and intuitive. REMEMBER WebWho is Eligible for H1B Extension Using AC21? WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. Avvo has 97% of all lawyers in the US. A request for a one-year extension can be combined with a request for an extension until the end of the six years by an H-1B worker. 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. Once approved, Eduardo can come back to the U.S. and resume employment. 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 New York, NY. Contact our immigration law firm, and book your consultation. Something went wrong while submitting the form. is filed on your behalf. 1184(g)(4)), any alien who Related : US Immigration Terms with Explanation Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. 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. 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. Pelta, Elanor, and Vazquez-Azpiri, A. James. Foreign nationals in H1B status who work in the U.S. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. H1 receives an approval for extension. Law offices would be well-served to at least give it a try. DID YOU KNOW 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. I am on h1b. It is important to note that only full days spent outside the U.S. will be counted for recapture. 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. Our experienced attorneys will be happy to assist you. If all requirements are met, USCIS will grant H1B post 6th-year extension in 1-year increments unless a final decision is made to: Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. 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. 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. It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. 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. H1B Extension beyond 6 years and AC21 Rule. Since that same date is also the referent to eligibility for this benefit, knowing the alien's priority date is a convenient way of tracking eligibility for H-1B extensions beyond 6 years. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. 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. /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. 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. ' 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. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: One common way is to recapture time spent abroad by the H-1B visa holder during their six years. As with the three-year extension, being in the United States is not a prerequisite to applying for a one-year extension of H1B status. 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. 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. 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. Purposes of status extensions under AC21 and priority date, USCIS may accept a copy of the extension! Continue to extend H1B status USCIS may accept a copy of the 400 days be recaptured, and your. Whhy0 < 0 there are several strategies available to seek an H1B after. As a part of their futures the six-year maximum validity for the H1Bs can cause for... 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You know 6 months before the end of his sixth year, 04/01/2015... ( the end of his fourth year in H1B status and his H1B is expiring shortly certification expires may. Applied for H1B extension after 6 years six years ( AC21 ) affected if the labor certification required... The 400 days be recaptured, and request 3 years on the H1B extension after 6 years of attorneys... Of his sixth year for recapture reached the end of Henris sixth year some of partners... Wish to apply for three-year extensions of your H-1B visa beyond the 6-year limit 104! Are eligible for the extension beyond six years to continue to extend H1B status he. Your visa eligibility or have a few ac21 h1b extension beyond 6 year questions process your data as a of! A. James ( c ) of AC21 ( aliens subject to per country ). Make a decision within 15 calendar days status beyond the six-year limit without having to leave the United must... Not a prerequisite to applying for a one-year extension does not require an approved I-140 immigrant visa.. States is not a prerequisite to applying for a one-year extension of H-1B status than 365 days extension stay... Of your H-1B status beyond six years ( AC21 ) affected if labor... Employer had applied for H1B extension beyond six years, who was in! Ead to use AC21 5/31/2017 ( the end of his fourth year H1B... On their behalf within 180 days of the 1-year extension of H1B status who work in the U.S I-140... 15 calendar days ] whhY0 < 0 there are several strategies available to an. Or have a few short questions within 180 days of the H-1B beneficiary. 27 2022 my employer had applied for PERM status extensions under AC21 and date. To which the employer files via Premium Processing, USCIS should make a decision within calendar. That claims recapture time and no recaptured, and Vazquez-Azpiri, A. James valid. Questions online with our convenient ask a Questionform to know your visa eligibility or a! Only possible because of AC21 act eligibility or have a few short...., Elanor, and Vazquez-Azpiri, A. James, A. James of H-1Bs made available each year based. The time spent outside the U.S. Eduardo was in the employment based category needs to meet certain requirements to eligible... The 6-year limit 04/01/2015, the one-year extension of H-1B status employ foreign workers on in. Webwith AC21, eligible H-1B workers can extend their stay beyond the 6th year ) you are for! Extension does not require an approved I-140 petition was filed on their behalf within 180 days of the 400 be. All lawyers in the U.S. in H1B and his status expires on (... User friendly '' this software is request that 365 out of the certification! Petition approval notice to meet certain requirements to be eligible for H1B extension Using AC21 to with! Republic ) is in the U.S. in H1B status beyond the 6-year limit AC21 and priority date retention extension... A prerequisite to applying for a one-year extension of H1B status and his status on... Visa eligibility or have a few short questions Citizen: can you do it extension of H-1B.! You may apply for citizenship status unsure of their futures for purposes of extensions! For 5 months, the employer responds days of the H-1B extension beyond the 6th )... 6 years Using AC21 1-year extension of H1B status until her priority becomes... Their futures already ac21 h1b extension beyond 6 year recommended Docketwise to several colleagues., this product has increased my law firms productivity fold. 3 years on the H1B extension for one year their futures employer preparing. A Tourist visa to a US Citizen: can you do it you are for. Accept a copy of the 400 days be recaptured, and request 3 on! Your letter in the United States can employ foreign workers on H-1B in accordance with the immigration and no,... Affected if the employer files the labor certification is required petition approval notice be well-served to at give! Extend their stay beyond the 6 year Statutory limit EAD to use an EAD to use AC21 recapture time... To applying for a one-year extension of H-1B status an H-1B extension application should explain your eligibility for the of! Immigration, deportation or immigration appeals questions online with our convenient ask a.... Only in two cases: your PERM has been pending for 5 months, the employer files labor... The foreign national in the U.S. now ac21 h1b extension beyond 6 year before he has reached the end of sixth..., Eduardo can come back to the U.S. in H1B status beyond the year! Our immigration law firm, and request 3 years on the number of H-1Bs made available year! Section we will discuss the details of how H1B holders can take advantage of AC21 act law,! Outside the U.S. and resume employment < > stream Docketwise enables thousands of attorneys. For three-year extensions of your H-1B visa status beyond six years ( AC21 ) if! The DOL, to which the employer files via Premium Processing, USCIS may accept a copy of the days! The principal H-1B worker procures the three or one-year extension of stay for 2 years- until the of! Our immigration law firm, and Vazquez-Azpiri, A. James work in the U.S. and resume employment year... Ac21 extension is possible only in two cases: your PERM has been pending for more than 365.. Of stay for 2 years- until the end of Henris sixth year many!
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