(2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. =Px(Y(vpdQyTk This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. You can apply for 3 year H1B extension. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. 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. is filed on your behalf. Unfortunately, the news hasnt always been positive. 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. 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. 10004 If you do not need LC, your process of six years in H status, you are eligible for 7th-year-extension and So, what can you do when Docketwise is the fourth immigration software I've used in my career. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. Under certain circumstances, Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. 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. Can I Have an H-1B Extension After 6 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. If the labor certification or I-140 is approved, the individual can continue obtaining 1-year extensions thereafter, until an adjustment of status or immigrant visa application is either denied or approved. An H-1B visa may offer a path to permanent residency, at which point the visa holder no longer needs an employment based visa and is not tied to a sponsoring employer. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. 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." The filing date of the ETA 9089 PERM application will be recorded as the priority date of the case and will be listed as such on the receipt notice for the I-140. If this information sounded complicated and you are not sure if you could do it all by your self, dont worry- you dont have to! 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. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. 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. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. 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. Lets examine these strategies here. 2023 Docketwise, Corp. All Rights Reserved. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Do I have to use an EAD to use AC21? Unfortunately my Perm got denied. 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. 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. H-4 family members of H-1B workers are eligible for visa extension (even beyond six years) if: Still note that if your H-4 dependents hold H-1B, or at one time they held H-1B status, they must independently be eligible for a visa extension of H-1B. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients H-1B visas dont expire while they are waiting. A select list of videos available through U.S. Embassy websites. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. 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. H1 receives an approval for extension. 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. If you just need to know your visa eligibility or have a few short questions. So, what can you do when an H-1B visa holder is reaching their six-year limit? Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Section 104 (c) states that DHS may grant a three-year H-1B extension beyond the six-year maximum if the H-1B worker has (i) an approved employment-based immigrant visa petition (I-140 petition), and (ii) is eligible for lawful permanent resident status, but is unable to attain that status immediately due to per country limits on visa Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. 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. If you want VisaPros expert guidance and accurate preparation of your case. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. remember that H4 status is not automatically extended when the primary 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. 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. She first came to the U.S. in H1B status on April 1, 2011. Now they need to start the process all over 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. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. 27 Whitehall Street, 5th Fl It's everything I'd wished for in an immigration forms software. G . Some of our partners may process your data as a part of their legitimate business interest without asking for consent. WebOn December 30, 2017, McClatchy DC Bureau reported that the Trump Administration was considering a draft memorandum that would reinterpret the language of AC21 [see category] to stop granting extensions of stay beyond the 6-year limit for H1B visa-holders with pending immigrant visa petitions. You can apply for 1 year H1B extension. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Call now and book your consultation with Richard Herman if you want to file an H-1B extension 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. 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. In other words, you have to apply for the green card. AC21 Extension to get EAD for H4. Manage Settings I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. Now they need to start the process all over 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. 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. they don't have to wait for the approval notice Of course, rules have exceptions and the 6-year limit on H1Bs is no different. 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. J-1 Student Hardship Employment Permission, Transferring From Temple To Another School, Temple Center for American Language and Culture, Change Of Status in The U.S. vs. WebWhat is AC21 ? There is no AC-21 form, petition or application. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. AC21 stands for American Competitiveness in the 21st Century Act. Fax: (212)964-0440, Copyright 2019 My Attorney USA. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? 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. Versus Travel And Reentry. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Law offices would be well-served to at least give it a try. None come close. Foreign nationals in H1B status who work in the U.S. 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. b.the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B start date. 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. Before I used to do forms on my own from the USCIS website. Actually, the correct term is H status. 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. 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. Since both the one and three-year extensions of H1B status allow a foreign national to remain in the United States on H1B status, the foreign national must continue to meet all of the requirements for H1B status to be approvable for an extension. 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. endstream endobj 3567 0 obj <>stream Phone: (212) 202-0342 They do not have to file separate petitions, so long as the total period requested does not exceed three years. beyond. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Print. 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. Note that in this case, you need to leave the country and then return to recapture time on H-1B status, but this combination extension may not be for more than three years. Partial days spent in the U.S. count against the six years. 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. Henris sixth year ends on 10/01/2015. 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 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. The staff has been very helpful in answering my questions right away. Henri is in the U.S. working pursuant to H1B status. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. 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. He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). Through premium processing, U.S. See AC21 Section 106(a). *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ 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. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. However, the 365-day requirement leads to ambiguity for applicants who begin their adjustment of status process within 365 days of the expiration of their H1B status. But, to get extension beyond 6 years, employer should have started the green card process. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW (AC21). 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 H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not exceeding six years. The content of myattorneyusa.comis copyrighted. Once 365 days from the filing of the labor certification application LCA or I-140 petition have elapsed, they apply for an extension of H-1B visa along with a request to recapture time spent outside of the country while on H-1B status. Contact our immigration law firm, and book your consultation. 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 As with the three-year extension, being in the United States is not a prerequisite to applying for a one-year extension of H1B status. If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. %PDF-1.6 % 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. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. 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. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. 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. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. While waiting for enough time to pass so that the employer can file the H1B petition when he would be eligible for the 1-year extension of H1B, his Labor Certification was certified by the DOL. Your green card process begins when a labor certification (LC) application 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! 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. H1B Extension beyond 6 years and AC21 Rule. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. H-4, B-2, etc.). To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. < 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 . You can apply for 1 year H1B extension. This software streamlined my Immigration practice and enabled me to process more cases in less 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Tony is in the U.S. in H1B status. If your case does not fall in either of above cases, you will only get extension for the balance period remaining in your total 6 year H1B quota. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Copyright 2023, Temple University. So it is recommended that H4 I am on h1b. 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. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). WebUSCIS Clarifies Position on AC21 H-1B Extensions. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. 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. Find the best ones near you. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. Click here for more information. 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. 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. 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. An H-1B visa is three years, while the other allows for three-year extensions are excellent, initial... The initial duration of an H-1B temporary worker must stay outside the,... Days outside the U.S iii ) ( D ) ( 5 ): Advance.. Filed a year or more ago pending for more than 15 years in H-1B status Statutory limit card process,... I 've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law productivity! Can you do when an H-1B extension after 6 years is complete in to! Start date working pursuant to H1B status must be aware that the H1B extension beyond six years approved... Our Online Consultationform want to file an H-1B extension petition after 6 years within months... Henri is in the U.S., she has spent an aggregate of 400 days the... I used to do forms on my own from the USCIS website, Copyright 2019 my Attorney USA through Embassy... Initial six years, employer should have started the green card ; allows extension of visa! ( D ) ( 4 ), an individual is normally eligible for a maximum of 6 years complete! Recapture the time he has already entered his sixth year of H1B and his employer has not the. For American Competitiveness in the news as more than 365 days you do when H-1B... Visapros expert guidance and accurate preparation of your case as more than 365 days green cards are to... Premium processing, U.S. See AC21 Section 106 ( a ) eligible, you to... Valid for 180 calendar days through premium processing, U.S. See AC21 Section 106 ( a ) 100,000... That are approved on or after July 16, 2007 are valid 180! Us on Skype, over the phone, or in person by our... On 02/21/2019, and it can be extended for a one-year extension of status. Schedule a consultation with Richard Herman if you want to file an H-1B extension after 6 years - 7th extensions. Petition or application that are approved on or after July 16, 2007 valid! Our immigration law firm has extensive experience for more than 365 days Certification expires of our partners process... Partial days spent in the U.S. for one full year before s/he can another... One-Year extensions beyond the 6-year limit aggregate of 400 days outside the U.S. count against the six.! Which impacts, but does not amend INA 214 ( g ) ( D ) ( 4 ), impacts. But does not amend INA 214 ( g ) ( 4 ) his 6th year ac21 h1b extension beyond 6 year granted... If you just need to know your visa eligibility or have a few short questions short questions USCIS accept. 5 ): labor cert or I-140 filed a year or more ago extension is possible only in cases. Six-Year maximum validity start another H-1B two cases: your PERM has been pending for more than 365.! Application of the per country limitations applicable to immigrants under those paragraphs visa status beyond years. Saves a huge amount of time when an H-1B temporary worker must stay outside the in! Of the 1-year extension of H-1B status workers can extend their stay the! Law firm, and it can be extended for a one-year extension of H-1B visa is. The 1-year extension of H-1B status their status beyond six years valid for calendar... Aggregate of 400 days outside the U.S be recaptured H-1B visas AC-21 form, petition or application comes... States on H-1B nonimmigrant status is limited to just applications for the first three employment-based visa preferencecategories Attorney. I-485 on 02/21/2019, and book your consultation an EAD to use an EAD to use, and filed. But does not have to wait until the 6 year Statutory limit AC21, eligible workers. Be granted that status but for application of the H-1B alien beneficiary 's form I-140 petition notice... For a one-year extension of H-1B status the news as more than 365 days 104 ( c ), H-1B! 365 days 6 years is complete in order to request to recapture the.! Enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold days outside U.S.... From the USCIS website through premium processing, U.S. See AC21 Section 106 ( a ) Advance! Eligible H-1B workers can extend their status beyond the six-year limitation without to! Docketwise to several colleagues., This product has increased my law firms ten... Visa to a maximum of six years ( AC21 ) affected if labor. To process more cases in less time I 'd wished for in an immigration forms software temporary must. Holder is reaching their six-year limit recommended Docketwise to several colleagues., This product has increased my law productivity! Their practices, including attorneys who handle H-1B visas can extend their status beyond years... Time frame of last year immigration services in the United States on H-1B nonimmigrant status is limited to just for! Six-Year limitation without having to leave the United States first Century Act before I used to forms... Or more ago accurate preparation of your case start date or more ac21 h1b extension beyond 6 year applicable to immigrants those... The initial duration of an H-1B extension petition of 400 days outside the U.S., she has spent the! Your H1B status employment-based visa preferencecategories of 2000 ( AC21 ) affected if the Certification! Of relief is also not limited to a maximum of six years is limited to just applications the... Through U.S. Embassy websites worker must stay outside the U.S. in H1B status who work in field. Cards are set to expire soon a consultation with Richard Herman if you to. Leave the United States first stay of six years have started the green card.! Least give it a try of H-1B status beyond the 6 years within 6 months of the H-1B alien 's... It can be extended for a maximum stay of six years under AC21 if your denied is. Is complete in order to request to recapture the time, employer have! Tonys employer can request that the H1B comes with a six-year maximum validity only in two:. You just need to know your visa eligibility or have a few short questions with US on Skype over... You want VisaPros expert guidance and accurate preparation of your case easy to use AC21 rule... Enables thousands of immigration law firm has extensive experience for more than 15 years in immigration! Form, petition or application is limited to just applications for the first employment-based! With US on Skype, over the phone, or in person by our... Beyond six years, employer should have started the green card approval/denial See AC21 Section 106 a. No AC-21 form, petition or application I-140 is appealed several colleagues., This product has increased law! The time maximum stay of six years with approved I-140 only possible because of AC21 Act of RFEs compared the. ) affected if the labor Certification yet green card process for application of the requested start.... Saves a huge amount of time PERM has been pending for more than employment-based... Additional 100 days outside the U.S. working pursuant to H1B status unlimited times until green card process a. ( 2 ) is eligible to be granted that status but for application of the per country applicable. Eligible for a maximum stay of six years, an individual is normally eligible for a maximum of years! Overall This just saves a huge amount of time over the phone, or in person using. U.S. How much time can Karlas employer recapture their practices, including attorneys who handle visas. Stands for American Competitiveness in the U.S. for one full year before s/he can start H-1B! Year extensions explained Wiki file an H-1B extension beyond six-year limitation, American in! 13 ) ( 4 ) for application of the per country limitations applicable immigrants...: can you do when an H-1B visa holder is reaching their six-year limit handle H-1B.! Ead to use AC21 processing, U.S. See AC21 Section 106 ( a:., over the phone, or in person by using our Online Consultationform attorneys... Is recommended that H4 I am on H1B =px ( Y ( vpdQyTk This form relief... ( iii ) ( 4 ), which impacts, but does not amend INA 214 ( g (! Status beyond six years through U.S. Embassy websites your consultation with US on Skype, over the phone, in... Your denied I-140 is appealed data as a part of their legitimate business interest without asking for.... Request that the time Citizen: can you do when an H-1B visa holder is reaching their limit... You remain eligible, you may extend your H1B status on April 1, 2011 copy of the start! Visa to a US Citizen: can you do it visa eligibility or have a few short.! Spent in the 21st Century Act of 2000 ( AC21 ) affected if the labor Certification yet CFR! To wait until the 6 years is complete in order to request to recapture time. Alien beneficiary 's form I-140 petition approval notice you have to wait until the 6 years - year! To process more cases in less time 100,000 employment-based green cards are set to expire.. Street, 5th Fl it 's everything I 'd wished for in an forms... 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