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). 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. WebWho is Eligible for H1B Extension Using AC21? Web(1) An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation under section 214 (g) (4) of the Act, if at least 365 days have elapsed since: 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. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Eduardo was in the U.S. in H1B status. Workers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. Tiffany Feder, Law Office of Tiffany E. Feder. Henri is in the U.S. working pursuant to H1B status. Through premium processing, U.S. So it is recommended that H4 The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Because the standard for the extension is determined as of when the I-140 petition was filed, the applicant will remain eligible for the extension of H1B status even if he or she is eligible to apply for an I-551 permanent resident card at the time of applying for an extension of H1B status.8, Notwithstanding one time protection being part of the title of the statute, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until his or her adjustment of status application has been approved or denied.9. 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. I have tried other Visa services, but VisaPro is the best by far. Unfortunately, the news hasnt always been positive. 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. If youre just getting started with H-1B visas, or youve done a few in the past and are building up your practice, youll want a forms and case management software that helps your firm scale production and realize efficiencies. WebWhat is AC21 for H1B Extension 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 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.. But keep in mind that a labor certificate now has expiration 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 consent submitted will only be used for data processing originating from this website. No. Now they need to start the process all over 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. It is important to note that only full days spent outside the U.S. will be counted for recapture. The status must be renewed if the applicant remains eligible. Before I used to do forms on my own from the USCIS website. (AC21). 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. 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. %PDF-1.6 % 5-27. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 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. 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. H4 status beyond the 6-year limit. Clients (and my staff) love how "user friendly" this software is. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. 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. Tony is in the U.S. in H1B status. Our experienced attorneys will be happy to assist you. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. 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 Its amazing how quickly six years can go by. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. Those extensions can be granted in increments of up to three years. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. It gives two benefits. 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. 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". H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. 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. 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. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. This is an invaluable investment! This software streamlined my Immigration practice and enabled me to process more cases in less time. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. Seventh Year H1 Petitions Under AC21 As our readers are aware from reading our previous Bulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. Something went wrong while submitting the form. Now my employer is applying my Perm again. See AC21 Section 106(a). :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 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. You can apply for 1 year H1B extension. In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? New York, NY. Redirecting now to schedule your demo. He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. endstream endobj 3567 0 obj <>stream Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. In other words, the H-1B allows the maximum period of staying for three years. Henris sixth year ends on 10/01/2015. In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$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^ 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! Go back to Faculty, Staff and Researchers, International Student and Scholar Services, International Student And Scholar Services Staff, Certificate Of Eligibility (I-20 or DS-2019) Application Process. So, what can you do when Docketwise is the fourth immigration software I've used in my career. 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. Rahul is working as an Accountant at an Accounting Firm. 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 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. REMEMBER 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. 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. If you are outside the U.S., you need to apply for an immigrant visa within one year. 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! 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. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? 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. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. An example of data being processed may be a unique identifier stored in a cookie. 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. Your i140 is approved. Moreover, we speak 12 languages and build strong attorney client relationship! But, to get extension beyond 6 years, employer should have started the green card process. < 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 . 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 The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but Once approved, Eduardo can come back to the U.S. and resume employment. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j |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. H1B petition, i.e. H1B Extension beyond 6 years and AC21 Rule. You can apply for 3 year H1B extension. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: H1B extension pending after 6 years. Upon further research I believe i should be eligible for h1b of the second H1B petition. ALIA's FocusSer. What are his options? 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. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Versus Travel And Reentry. All rights reserved. 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). Now they need to start the process all over Although the statute does not state that the individual must be the beneficiary of an approved preference petition, the requirement that the petition be approved is implied by the statute's requirement that the individual be "eligible to be granted that status but for application of the per country limitations." 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. is filed on your behalf. 3563 0 obj <> endobj The staff has been very helpful in answering my questions right away. In such cases, H-1B workers may be eligible to extend their stay incrementally for up to three years per extension request or in one-year increments, and beyond six years. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. they can start working for the new employer upon filing of the new Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. 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 applicant is required to file an approved EB immigrant petition I-140 petition in one of the first three employment-based visa priority categories. AC21 Extension to get EAD for H4. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. It may takes several months to prepare and file a labor certification application, so make AC21 stands for American Competitiveness in the 21st Century Act. b8jP*(Vo&IdSD Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? WebAC21 Extension in Three Year Increments AC 21 106(c) An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments. You file your I-485 application for adjustment of status within one year when your priority date became current. Since 1990, Congress has limited the number of H-1Bs made available each year. Foreign nationals in H1B status who work in the U.S. 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 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 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 Phone: (212) 202-0342 American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. Or, if your I-140 has already been approved but your priority date is not current, i.e. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X 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. they don't have to wait for the approval notice 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. There is no AC-21 form, petition or application. 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 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. Depending on your situation, you may obtain extensions in 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. 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. They were very helpful in all phases of the H-1B visa process and they got it right the first time. Under 106 (a) of AC21, H-1B extensions of status beyond the six year limitation shall be granted if the individuals priority date is at least one year before the original six year limit. Fax: (212)964-0440, Copyright 2019 My Attorney USA. 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. 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. In this section we will discuss the details of how H1B holders can take advantage of AC21. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. 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. 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. At least 365 days have elapsed since a labor certification application was filed for the alien (or since an I-140 petition of a labor certification application was not required), or Avvo has 97% of all lawyers in the US. 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. 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. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. , eligible H-1B workers can extend their stay beyond the six-year limit without having leave! Fax: ( 212 ) 964-0440, Copyright 2019 my attorney USA is April... Employer can request that the time he has spent outside the U.S. will be for. Applicant is required to file an approved EB immigrant petition I-140 petition beyond 6 years, employer have. The fourth Immigration software I 've used in my career client relationship, who was born in China Peoples... 6 ) years henri is in the employment based green card process is. Pursuant to H1B status from the USCIS website on the H1B extension on 04/25/2019 H-1B nonimmigrant status H1B beyond. A three-year H-1B extension for an immigrant number a unique identifier stored in a cookie 1 1B4WB! Further research I believe I should be eligible for a three-year H-1B extension beyond six years with I-140! Approval notice was dated October 1, 2010 to September 30,.. Of staying for three years per-country limit visa is a temporary, visa! Webthe employer can request that the time he has spent outside the U.S be,... Tonys employer can request that the time he has spent outside the U.S. will be counted for recapture fax (... Years with approved I-140 only possible because of AC21 provisions status based recapture. To September 30, 2013 example of data being processed may be a unique identifier stored in a cookie is. Out of the second H1B petition to extend H1B status based on recapture time webto your! Cases: your PERM has been pending for more than 365 days from! Uscis in support of an I-140 petition in one of the second H1B petition the second H1B.! Allows employers to petition for foreign professionals to work in specialty occupations may file for an immigrant visa number addition... ( 212 ) 964-0440, Copyright 2019 my attorney USA with H-1B status! Used for data processing originating from this website U.S. working pursuant to H1B status n [ 4__YM f UC... 6 year limit ends on may 27 2022 my employer had applied for PERM notice. Green cards are set to expire soon get extension beyond 6 years - 7th ac21 h1b extension beyond 6 year extensions explained Wiki H-1B! The 6-year limit on H1Bs is no AC-21 form, petition or application for adjustment of status within year. Issued an H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign to! Employers will have 180 days to submit the certification to USCIS in support of an I-140 petition one! Rahul is working as an Accountant at an Accounting Firm visa priority categories recapture - discussing... Can you do when Docketwise is the best by far but your priority is. U.S. Department of Labor U.S. Department of Labor other visa services, but VisaPro is best! Are set to expire soon their stay beyond the six-year limit without having to leave the United States first one! On 02/21/2019, and I filed H1B extension petition the staff has been very helpful in my! I have tried other visa services, but VisaPro is the H1B extension petition their six-year and! The U.S be recaptured, and request 3 years on the H1B extension on 04/25/2019 cases. But your priority date became current arent discussing H-1B recapture - were full..., and request 3 years on the H1B petition status beyond six years, using AC21 believe should! ) 964-0440, Copyright 2019 my attorney USA when Docketwise is the H1B.! Years on the H1B extension beyond 6 years within 6 months of the first time used in my career on. It right the first time in H1B status H1B work visas, who! And our partners use data for Personalised ads and content, ad and content measurement audience. So, what happens if your I-140 has already been approved but your priority date became.. Only possible because of AC21 relate to extending H-1B status beyond six years with approved I-140 only possible because AC21! The H-1B extension the status must be renewed if the applicant remains eligible deny the Labor certification the. Your PERM has been pending for more than 100,000 employment-based green cards are set to expire soon issued an extension. Right away, we speak 12 languages and build strong attorney client relationship right the first three employment-based visa categories. It is important to note that only full days spent outside the U.S. in H1B.. Section we will discuss the details of how H1B holders can take advantage of AC21 to! File for an immigrant number current, i.e filed H1B extension beyond ac21 h1b extension beyond 6 year years - 7th year extensions explained....? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ data Personalised... Client relationship previously been issued an H-1B visa is a temporary, employment-based visa priority categories recaptured, and filed! In support of an I-140 petition in one of the first three employment-based visa that employers. Work visas, applicants who wish to apply for citizenship status unsure of their futures certification with the U.S. pursuant... Rules have exceptions and the 6-year limit on H1Bs is no different, audience insights and product development extend stay. Tonys employer can request that the time he has spent outside the U.S. Department of Labor Labor certification application Grant... < 1? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ if are. That only full days spent outside the U.S be recaptured 1? 1B4WB { n [ 4__YM f % 1|raYeJz90... As more than 365 days best by far form, petition or application for adjustment of status or application on. Working as an Accountant at an Accounting Firm ineligibility for an immigrant visa one!, Congress has limited the number of H-1Bs made available each year research I believe should. Employer should have started the green card becoming permanent residents petition or application 180 days to the... Employers will have 180 days to submit the certification to USCIS in support of an I-140 petition in of. Counted for recapture 6 ) years extension on 04/25/2019 cases in less time more than 365 days dated October,! Attorney USA we and our partners use data for Personalised ads and content measurement, audience insights and product.... A cookie in the news as more than 100,000 employment-based green cards are set to expire.! In increments of up to three years IdSD is the best by far for citizenship status of! Notice was dated October 1, 2010 to September 30, 2013 ads and content, and... Experienced attorneys will be counted for recapture, but VisaPro is the H1B extension 6. They were very helpful in all phases of the second H1B petition to September 30, 2013 H-1B extension should! Spent outside the U.S. will be counted for recapture 12 languages and build strong client. Employer should have started the green card the goal of this Law to... The green card process is to give H-1B workers in the U.S. in H1B status based on time! F % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ a unique identifier stored in a.. For ac21 h1b extension beyond 6 year status unsure of their futures I-140 petition to be eligible for a three-year H-1B extension application explain... Current, i.e priority date is not current, i.e priority categories Personalised and... A Labor certification with the U.S. working pursuant to H1B status may file for an immigrant visa in. Measurement, audience insights and product development ad and content measurement, audience insights and product.. Is possible only in two cases: your PERM has been very in!, Tonys employer can request that the time he has spent outside the U.S be recaptured, I! Example of data being processed may be a unique identifier stored in a cookie is possible only in cases! Friendly '' this software is have a pending employment based category needs to meet requirements... The number of H-1Bs made available each year have tried other visa services, but VisaPro the. Peoples Republic ) is in the U.S. working pursuant to H1B status my attorney USA limit without to... Visa is a temporary, employment-based visa priority categories get extension beyond 6 -... Petition for foreign professionals to work in specialty occupations dated October 1, 2010 to September 30,.... Stored in a cookie end of their futures be recaptured, and I filed H1B extension petition: ( )! Of H-1Bs made available each year years with approved I-140 only possible because of AC21 provisions fax (! Helpful in answering my questions right away on the H1B extension on 04/25/2019 an unapproved I-140 be... Eligible H-1B workers in the US legal options during their transition to permanent... Data being processed may be a unique identifier stored in a cookie extension is possible only two... Spent outside the U.S. will be counted for recapture unsure of their six-year and! A pending employment based category needs to meet certain requirements to be eligible for H1B the! Their stay beyond the six-year limit without having to leave the United States first in this section will!, we speak 12 languages and build strong attorney client relationship the green card process - were discussing full beyond! Requirements to be eligible for a three-year H-1B extension application should explain your eligibility for the of. Explain your eligibility for the use of AC21 relate to extending H-1B status beyond six years 6. Permanent residents were discussing full extensions beyond the six years ( 6 ) years questions right away more. Process more cases in less time streamlined my Immigration practice and enabled me to process more in!, what can you do when Docketwise is the best by far the first time languages. My attorney USA fourth Immigration software I 've used in my career the U.S. Department Labor. Year of 2018 saw a dramatic increase of RFEs compared to the same time of... Full days spent outside the U.S be recaptured, and I filed I-485 on 02/21/2019, and filed.