Actually it is very important to In your case, your H-1B extension was approved in December 2022, which means you have extended your H-1B beyond the standard six-year limit. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. G . 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. 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! AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. Its amazing how quickly six years can go by. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. If you do not need LC, your process Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Click here for details. 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. 10004 Find the best ones near you. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). 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. WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. 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. 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. They do not have to file separate petitions, so long as the total period requested does not exceed three years. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. 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. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. If you have an immigration issue or unclear about your visa options. 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. If you want VisaPros expert guidance and accurate preparation of your case. 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 Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. Yes, you may extend your H-1B visa beyond the 6-year limit. 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, what can you do when Docketwise is the fourth immigration software I've used in my career. Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. AC21 106(a): Labor cert or I-140 filed a year or more ago. 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. Now my employer is applying my Perm again. 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". 3563 0 obj <> endobj You can apply for 3 year H1B extension. There are several strategies available to seek an H1B extension after 6 years. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. WebExtending H1B Status Beyond the 6 Year Statutory Limit. 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. In other words, in order to be able to extend the H1B status beyond the six-year limitation and thus lawfully remain in the United States beyond six years without leaving the country, the H1B worker must be on the way to an immigrant benefit or adjustment of his or her nonimmigrant status to a permanent residentstatus. See AC21 104(c). Do I have to use an EAD to use AC21? You can apply for 1 year H1B extension. Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)], stated, "Despite the title of AC21 104(c), referring to one-time protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the aliens application for adjustment of status has been processed and a decision made thereupon.. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. This feature used by employment-based adjustment applicants considered to have ported the petition filed on their behalf to the new job offer is referred to as portability.. 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. No. Your six-year total includes all the time you held H1B's for all employers you worked for, as well as any time you were in H4 status. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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. In case the LCA is being appealed, you will have to prove that the denied LCA (form 9089) is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. 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. Yes. There is no limit on the number of such extensions an individual may receive. 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. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X 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. 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. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? None come close. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. I am on h1b. REMEMBER My 6 year limit ends on May 27 2022 My employer had applied for PERM. Depending on your situation, you may obtain extensions in *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^ 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. 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. 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