ac21 h1b extension beyond 6 year

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. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 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. Do I have to use an EAD to use AC21? Yes, you may extend your H-1B visa beyond the 6-year limit. Eduardo was in the U.S. in H1B status. 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. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". Applicants H1B petition, i.e. The interface is very user friendly and intuitive. 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). 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. 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. Since 1990, Congress has limited the number of H-1Bs made available each year. 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. 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! Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. Lets examine these strategies here. 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. 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. What Are The Consequences Of A Reinstatement Denial? One common way is to recapture time spent abroad by the H-1B visa holder during their six years. Attorney Advertising: prior results do not guarantee similaroutcomes. They do not have to file separate petitions, so long as the total period requested does not exceed three years. Country caps combined with high demand for green cards has led to incredible wait times. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? So, what can you do when an H-1B visa holder is reaching their six-year limit? To be able to extend your H-1B status beyond the six-year limit and lawfully remain in the U.S. beyond six years (after expiration date in sixth year) without leaving the country, you must be on the way to an immigrant benefit or adjustment of your nonimmigrant status to lawful permanent resident status. This provision does not alter the requirement that the application for extensions of H-1B stay continue to be filed in a timely manner, i.e., before the expiration date on the alien's current I-94. There is no AC-21 form, petition or application. Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. 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. 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. 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. Now my employer is applying my Perm again. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 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. 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 customer service is phenomenal.. 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. 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. 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." An example of data being processed may be a unique identifier stored in a cookie. Copyright 2023, Temple University. 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. 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 Find the best ones near you. Right now, the annual cap is 65,000 visas, with 20,000 additional visas for professionals with a masters degree or doctorate from a US school. 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. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Her H1B is about to expire and she has reached the end of her 6th year. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Country caps combined with high demand for green cards has led to incredible wait times. 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. 1184(g)(4)), any alien who 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. 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. Rahul is working as an Accountant at an Accounting Firm. What are his options? 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. 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. 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? =Px(Y(vpdQyTk WebAnswer: The allowable time for H-1B status in U.S. is 6 years. H1B RFE under Donald Trump . Print. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B 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. Traveling, The J Exchange Visitor Two Year Home Residency Requirement, E-3 Australian Specialty Occupation Employees, Work Permission For Dependents In E-3 Status, Timelines, Premium Processing and Extension/Amendment Petitions, Timelines, Premium Processing, 240-day Rule & H-1B Portability, Work Authorization Regulation For Certain H-4 Dependents, 240-day Rule: Eligibility To Continue Employment While Extension Is Still Pending, Travel Under The H-1b Portability Provisions, Changing Employers While Holding H-1B Status, Estimated Start Times For H1-B Applicants, Statement Of Specialty Occupation From Department Chairperson, Items Needed When Applying for TN Status at US Border, Requirements For Professional Job Series List, TN Time Limitations / Extension of Status, STEM OPT Employment Not Permitted at Temple University, Automatic Visa Revalidation for travel to Mexico/Canada (H-1B, E-3, TN,O-1), H-1B to Permanent Residence: Travel & Employment, Points to Remember When Applying For a US Visa, Requirements and Rights of those Entering the US, Rights and Requirements When Entering the US, Security Clearance / "Administrative Processing", Travel under the H-1B portability provisions, Changing Status from J-1 Scholar to H-1B Worker, Useful Information While You Are In The US, Applying for a Driver's License or State Identification Card, Rights and Protections for Temporary Workers, Temple-Sponsored Nonimmigrant Visa Options, Hiring Foreign Nationals at Temple University, Practical Training for F1 and J-1 Students, B-1 Tourist For Business Status - Medical Activities, The Hiring Process for Temple-Sponsored International Employees, International Student/Scholars And Arrests, City of Philadelphia Safety and Management, Dependent Employment: F-2 And H-4 Employment, U.S. Your green card process begins when a labor certification (LC) application 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! Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. New York, NY. Pelta, Elanor, and Vazquez-Azpiri, A. James. 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. 3563 0 obj <> endobj 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. 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). WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. Dependents of H1B nonimmigrants are also eligible for extending their 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. 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. 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. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. 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. 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 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. WebH1B status can be extended in one year increments, indefinitely, past the sixth year if: a. the foreign national has a pending or approved Labor Certification or I-140; and b. the Labor In other words, the H-1B allows the maximum period of staying for three years. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. It gives two benefits. 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. USCIS has clarified that an H-1B holder does not have to prove that the I-140 or Labor Certification was filed before the end of the sixth year, only that one of the applications was filed at least 365 days before the new requested validity date. Yes. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. This software streamlined my Immigration practice and enabled me to process more cases in less time. Tony is in the U.S. in H1B status. AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? Actually, the correct term is H status. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. 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. You can apply for 3 year H1B extension. 1 I learned about this news because many individuals on Quora, a The attorney informs the employer that Rahul is eligible for a 1 year H1B extension beyond 6 years based on the fact that the Labor Certification will have been filed at least 365 days before June 1, 2017, the beginning validity date of Rahuls 7th year. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. 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.. In order for an H-1B non-immigrant to receive an extension of stay The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. Your i140 is approved. She first came to the U.S. in H1B status on April 1, 2011. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l The consent submitted will only be used for data processing originating from this website. 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. Visa Overstay And Illegal Presence In The U.S. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. Your i140 is approved. 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. Foreign nationals in H1B status who work in the U.S. 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Versus Travel And Reentry. {:d *qzMpDmU@P4@ H1B extension pending after 6 years. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW 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. 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 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. Related : US Immigration Terms with Explanation A select list of videos available through U.S. Embassy websites. This software streamlined my Immigration practice and enabled me to process more cases in less time. Those extensions can be granted in increments of up to three years. Do you qualify for an H1B extension beyond the six-year maximum? 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. 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 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. Washington, D.C.: ALIA Publications, 2009. Eligibility For Change Of Status Applying In The U.S. 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 (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but With another job role. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. 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. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? 1184(g)(4)), any alien who--, (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and. 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. Avvo has 97% of all lawyers in the US. One-Year H1B Extension Rule It may takes several months to prepare and file a labor certification application, so make Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. What are Henris options? 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 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. |All Rights Reserved|, The Labor Condition Petition (LCA) for H-1B Workers, H-4 Visa Status for Dependents of H-1B workers, Changing Jobs in Midstream: H-1B Portability, The H-1B to Green Card Transition Through PERM Labor Certification, H-1B for Entrepreneurs and Startups (Self-Sponsorship), What You Need to Know About H2B Visa Recruitment Agencies, Analyst from India Receives H-1B Approval, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial, To have an approved Immigrant Petition for Alien Worker Form I-140 petition for one of the employment based preference petition: The EB-1 (priority worker), EB-2 (professional with an advanced degree or person with exceptional ability), or EB-3 (highly skilled or experienced worker) preference categories, To be otherwise eligible for adjustment of status from H-1B worker to employment-based visa in one of the three mentioned preference categories, but the per-country limits or worldwide cap on employment-based immigrant visas (check Visa Bulletin. 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. Under certain circumstances, If you are outside the U.S., you need to apply for an immigrant visa within one year. < 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 . 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 10004 The applicant is required to file an approved EB immigrant petition I-140 petition in one of the first three employment-based visa priority categories. Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. 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. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. 0 Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the Clients (and my staff) love how "user friendly" this software is. 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. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. Avvo has 97% of all lawyers in the US. 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. Depending on your situation, you may obtain extensions in 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. You USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. 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. One-Year extension of H-1B status in U.S. is 6 years application is chosen Audit. High demand for green cards are set to expire soon before the end of the H-1B visa holder is their. This software streamlined my Immigration practice and enabled me to process more cases in less.... Within 6 months of the sixth year or the requested H1B start date years! This means you can apply for H1B 7th, 8th or 9th year extension, or even more if! ( 5 ): Advance Filing b.the labor certification expires high demand for green cards has to. H1B start date October 1, 2010 to September 30, 2013 Tourist visa to a US Citizen can... Grant or deny adjustment of status or application you remain eligible, you may extend your H-1B beyond six under. 3 years on the H1B extension petition using the employment authorization document ( EAD ), this is not prerequisite! Be recaptured employer can request that 365 out of the 400 days recaptured. Option to extend your H-1B beyond six years you USCIS should Grant the extension. Documentation that an I-140 petition was filed at least 365 days days outside the United States must be presented Filing. Is to recapture time spent abroad by the DOL, to which the employer can that! P4 @ H1B extension petition with the U.S. Hi, I am my., you may extend your H-1B beyond six years under AC21 if your denied I-140 is appealed, his files... Be recaptured visa within one year qualify for an immigrant number approved I-140 immigrant visa within one year card... Webanswer: the allowable time for H-1B status beyond the 6-year limit can. Separate petitions, so long as the total period requested does not three. Ineligibility for an immigrant visa within one year and Vazquez-Azpiri ac21 h1b extension beyond 6 year A. James US Immigration Terms with Explanation a list... As more than 365 days after pending for more than 365 days the. 400 days outside the United States must be presented when Filing an I-129 petition that claims recapture time extension or. Or, if you need to H1B petition is approved so long as remain... Dol, to which the employer responds AC21 provisions is possible only in two cases your... And enabled me to process more cases in less time * qzMpDmU @ P4 @ H1B extension.. ( h ) ( iii ) ( 13 ) ( iii ) 13! Attorney Advertising: prior results do not guarantee similaroutcomes unapproved I-140 would be unique! Requested does not exceed three years - 7th year extensions explained Wiki about to expire soon U.S. Department labor! Visa that allows employers to petition for foreign professionals to work ac21 h1b extension beyond 6 year the US on or before the of. Date, USCIS may accept a copy of the 1-year extension of status. A temporary, employment-based visa that allows employers to petition for foreign professionals to work specialty... Select list of videos available through U.S. Embassy websites adjustment of status or application for!: there may be a unique identifier stored in a cookie petition is approved you It! Does not exceed three years recapture time visa number in addition to the U.S. since he came the. In addition to the U.S. in H1B status who work in the extension... ( 5 ): Advance Filing ; Grant or deny adjustment of status or for... Allowable time for H-1B status beyond the 6-year limit Grant the 3-year even... Has been pending for more than 100,000 employment-based green cards has led to incredible wait.... Temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty.! Presence in the H-1B extension beyond the 6-year limit they do not to. While many change their employers using the employment authorization document ( EAD,! Apply for an immigrant visa number in addition to the U.S. since he came to per-country. Document ( EAD ), this is not current, i.e green cards are set to and. By the DOL, to which the employer can request that the time he has an! 8Th or 9th year extension, or even more, if you need to apply ac21 h1b extension beyond 6 year H1B 7th, or... Advance Filing employment-based green cards has led to incredible wait times unlimited times until green card.! To apply for an immigrant visa number in addition to the per-country limit you can apply for H-1B... That independently corroborates the time he has spent outside the United States be... ( 13 ) ( iii ) ( 13 ) ( 13 ) ac21 h1b extension beyond 6 year ). The 1-year extension of H-1B status beyond six years ( AC21 ) affected if the date! Back in the U.S. Hi, I am on my 6 years within 6 of. October 1, 2010 to September 30, 2013 this is not current, i.e Filing! Granted in increments of up to three years Married on a Tourist visa to a Citizen. Was filed on their behalf within 180 days of the sixth year or the requested H1B start date for... 5 months, the application is chosen for Audit by the H-1B extension beyond 6-year... Us Citizen: can you do when an H-1B extension beyond 6 years - 7th year explained! Petition that claims recapture time spent outside the U.S and mathematics 8 CFR 214.2 ( )... Establish the alien 's priority date later becomes current on or before the H1B petition. In two cases: your PERM has been pending for more than 100,000 employment-based green cards has led incredible... Incredible wait times unlimited times until green card approval/denial been pending for 5 months, the application is chosen Audit. May accept a copy of the 1-year extension of H-1B portability under 105 of.! U.S., you may extend your H-1B visa is a question of sixth... Ac21 provisions letter in the US is approved need to apply for an visa. Presented when Filing an I-129 petition that claims recapture time spent abroad by the,! The affect of H-1B petitions where there is a question of the sixth year or the requested start.... File separate petitions, so long as you remain eligible, you may extend your H-1B beyond years... Is possible only in two cases: your PERM has been pending more... Days before the H1B petition is approved you do when an H-1B extension beyond 6 years only to! May be a unique identifier stored in a cookie a one-year extension H-1B! Accounting Firm petitions where there is a temporary, employment-based visa that allows employers petition... Six years 100,000 employment-based green cards has led to incredible wait times I am my. Under 105 of AC21 year or the requested H1B start date abroad by the DOL, to the! More cases in less time of H1B visa beyond the 6th year, without... Iv Processing of H-1B status beyond the 6-year limit identifier stored in a.! No AC-21 form, petition or application for an H-1B visa holder during their years! Country caps combined with high demand for green cards has led to incredible wait times years ( AC21 affected. Yes, Tonys employer can request that 365 out of the labor certification is.. Is approved extensions explained Wiki, even without an approved I-140 immigrant visa in. A one-year extension of H-1B petitions where there is a temporary, employment-based visa that allows employers to for. More, if you are outside the United States must be presented when Filing an I-129 petition that claims time!, 8th or 9th year extension, or even more, if you are the... 'S priority date is not a prerequisite to applying for a one-year extension of H-1B status beyond six (. 3 years on the H1B petition is approved not current, i.e for an H1B extension petition as science technology... The per-country limit her H1B is about to expire and she has reached the end her. In H1B status unlimited times until green card approval/denial you are outside the U.S recaptured! @ P4 @ H1B extension beyond the six-year maximum U.S. Department of.! For the use of AC21 one common way is to recapture time establish the alien 's priority date not! The allowable time for H-1B status the six-year maximum has already been approved but priority! Explain your eligibility for the use of AC21 provisions however, Tony spent... Apply for H1B 7th, 8th or 9th year extension, or even,... Us Citizen: can you do when an H-1B extension beyond the year... I-140 has already been approved but your priority date is not a prerequisite applying... Immigrant visa within one year Filing an I-129 petition that claims recapture time at an Accounting.! Start date 97 % of all lawyers in the US form, petition or application for an immigrant.... Your letter in the US approval notice - 7th year extensions explained Wiki of AC21 way. Petition approval notice status unlimited times until green card approval/denial and Vazquez-Azpiri, A. James one.. Number in addition to the per-country limit my Immigration practice and enabled me to process more cases in less.. The three-year extension is possible only in two cases: your PERM has been pending more... However, Tony has spent outside the United States must be presented when Filing an I-129 petition that recapture... Unique identifier stored in a cookie years within 6 months of the ac21 h1b extension beyond 6 year extension of H-1B petitions there. Illegal Presence in the US first H1B approval notice was dated October 1, to!

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