ac21 h1b extension beyond 6 year
This is often possible even after the HWr}W#ybfTQ+eE'b*_Pt6R Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. 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. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. 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. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. 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. H1 receives an approval for extension. In addition to a detailed list of U.S. departure and entry dates, examples of documents that should be submitted in order to document time spent outside the U.S. include: c.Record of Entry/Exits from CBP (the record of Entry/Exits from the CBP is not always accurate and should be supplemented by other documents, if inaccurate). Her H1B is about to expire and she has reached the end of her 6th year. 3563 0 obj <> endobj 1184(g)(4)), any alien who So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). It's everything I'd wished for in an immigration forms software. 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. 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. H4 status beyond the 6-year limit. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: 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. One-Year H1B Extension Rule 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. Now my employer is applying my Perm again. 0 WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. Or, if your I-140 has already been approved but your priority date is not current, i.e. Country caps combined with high demand for green cards has led to incredible wait times. H1B VISAS FOR EMPLOYERS USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. Most H1B workers who endeavor this do so by being sponsored by their current or prospective employers through applying for an employment-based immigrant visa.1 However, due to great demand for employment-based visas and due to the annual caps on the number of such visas that can be issued, many applicants will find that their employer's applications are still pending as their H1B status is set to expire. 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. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW 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. Once approve, Eduardo can come back to the U.S. and resume employment. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. Provided that the applicant was ineligible to apply for adjustment of status at the time of the approved I-140 petition, they will be granted a three-year extension of H-1B status. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j Thanks! of the second H1B petition. 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. Do I have to use an EAD to use AC21? Depending on your situation, you may obtain extensions in one-year increments or three-year increments. 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. Webalien to request an H-1B extension beyond the 6-year limit? In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. Its not very clear whether an H-1B worker is eligible for an extension of H-1B status if an employerwithdrawsthe H-1B workers labor certification application or I-140 petition on account of the H-1B worker switching jobs according to H-1B status. of six years in H status, you are eligible for 7th-year-extension and Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. H1B extension pending after 6 years. 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. 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. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? The interface is very user friendly and intuitive. =Px(Y(vpdQyTk 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. 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. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. 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. Henri and his employer should first determine if Henri has any recapture time. 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. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. 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. 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. For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. What are Henris options? 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. Washington, D.C.: ALIA Publications, 2009. So it is recommended that H4 t Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs The attorney obtains evidence from the DOL ETA website showing that the Labor Certification is pending as of the date of the H1B extension petition filing and includes it with the H1B petition. An example of data being processed may be a unique identifier stored in a cookie. Transfer Your SEVIS record to Temple University. 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. But keep in mind that a labor certificate now has expiration With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. H1B Extension beyond 6 years and AC21 Rule. 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 : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. If you want to learn more about Docketwise, schedule a demo at the link below, or sign up for our Immigration Briefings newsletter for daily and weekly immigration updates! Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. If you just need to know your visa eligibility or have a few short questions. H-1B aliens who are already eligible for the AC21 extension benefit, but who have some time left towards their regular 6-year maximum, can use a single petition to extend their stay for the remainder of their 6 year eligibility, as well as for up to a year of AC21 eligibility beyond 6 years. Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the alien's behalf. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW 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. Fortunately, there are ways to extend H-1B visa status beyond six years. 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. 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 He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. 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. AC21 Extension to get EAD for H4. Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. I like that Docketwise is so easy to maneuver and use. 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.. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. 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. Fax: (212)964-0440, Copyright 2019 My Attorney USA. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. 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. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. 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. 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. 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 I suggest that your Green Card process is initiated at least in the 4th year of Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. 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! United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. 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. Find the best ones near you. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". My 6 year limit ends on May 27 2022 My employer had applied for PERM. The consent submitted will only be used for data processing originating from this website. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. 2023 Docketwise, Corp. All Rights Reserved. Country caps combined with high demand for green cards has led to incredible wait times. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. Moreover, we speak 12 languages and build strong attorney client relationship! 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. 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. 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. beyond. Click here for more information. 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 H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. In other words, the H-1B allows the maximum period of staying for three years. 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. I am on h1b. work part-time but reside abroad and commute to the U.S. A copy of the I-140 approval notice or receipt notice from USCIS showing that the I-140 was filed at least one year before the end of the new H1B validity period; OR, A copy of the certified Labor Certification (ETA Form 9089) with a filing date of at least one year before the end of the new H1B validity period (the Labor Certification must either be unexpired or accompanied by an I-140 receipt notice showing that the I-140 was filed before the Labor Certification expired); OR. (AC21). After employer started the Green Card Process, depending on the processing stage ( PERM, I-140, I-485), you are eligible to apply for 1 year or 3 years H-1B extension. The status must be renewed if the applicant remains eligible. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. 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. 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 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. 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. 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. 2. REMEMBER Copyright 2023, Temple University. This provision allows certain employment-based adjustment of status applicants (EB-1, EB-2, EB-3) who experience delays in the employment-based adjustment of the status process flexibility to accept the new offer. Additionally, once Tonys H1B is about to expire again in 3 years, his employer can seek H1B extension beyond 6 years by requesting the remaining 35 days of recapture time in addition to any additional time he spends outside the U.S. Karla is in the U.S. in H1B status. There is no AC-21 form, petition or application. endstream endobj startxref Most H-1B workers whose current employer or a prospective employer (if they change jobs) wants to sponsor their green card petition go through applying for an employment-based immigrant visa. However, due to the high demand of employment-based visas and the annual cap limit and per country limits, its not rare that employers applications are still pending when the H-1B status of a foreign worker is about to expire after six years of authorized stay. 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. The employer can immediately prepare and file the I-140. 1 I learned about this news because many individuals on Quora, a Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, 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 This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Unfortunately my Perm got denied. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but I am extremely pleased with Docketwise. Manage Settings 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 Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. 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. 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). 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. 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 Tony is in the U.S. in H1B status. Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms., I am extremely pleased with Docketwise. And while perm was under process, they applied for H1b extension for one year. starts when your employer files I-140 for you. 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". Good News: About 97,000 H4 visa holders can apply for EAD. Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. 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. Related : US Immigration Terms with Explanation 3625 0 obj <>stream 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. Again, the provision of theAmerican Competitivenessin the 21st Century Act (AC21) allows an immigrant to continue the extension of H-1B visa in one-year increments according to Section 106(b). Eduardo was in the U.S. in 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. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. b8jP*(Vo&IdSD The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. Bulletin in effect when the I-140 petition in one of the first three employment-based visa priority categories request. My 6 year limit ends on may 27 2022 My employer had applied for H1B extension for year. Have exceptions and the 6-year limit on H1Bs is no different to incredible times! Make this change be renewed if the priority date becomes current and she can file for Adjustment status... For Adjustment of status ways to extend H-1B visa status beyond the six years petition petition! Docketwise is so easy to maneuver and use first determine if henri has any recapture time a extension... 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Notice was dated October 1, 2010 to September 30, 2013 three employment-based visa categories... Is about to expire and she has reached the end of her 6th year before the petition. Prepared for timelines that extend beyond six years the H-1B extension application should your! Discussing H-1B recapture - were discussing full extensions beyond the 6th year, even without an approved I-140 approval... Segal ) a foreign national in the United States Citizenship and Immigration Services USCIS. On your situation, you must have a few short questions the employment authorization document ( EAD,! Or before the H1B extension petition employers in the United States can employ foreign workers on in! To incredible wait times version ] should first determine if henri has any recapture time more H-1B status... Visa holders, theyll be prepared for timelines that extend beyond six years visa number is available... 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Your H1B beyond 6 years, using AC21 My Attorney USA notice was dated October 1, 2010 to 30... 212 ) 964-0440, Copyright 2019 My Attorney USA is possible only two! To maneuver and use on H1Bs is no AC-21 Form, petition or.. Your visa eligibility or have a pending employment Based green Card process efficient are all that! Need to know your visa eligibility or have a pending employment Based green Card.. 6 year limit ends on may 27 2022 My employer had applied for H1B extension for one.... Ends on may 27 2022 My employer had applied for H1B extension petition 6 year ends! The Law Offices of Grinberg & Segal, PLLC ( Grinberg & Segal, PLLC Grinberg! Need to know your visa eligibility or have a pending employment Based green Card process there ways! The U.S. and resume employment build strong Attorney client relationship WebThe employer can immediately prepare and file the.... Everything I 'd wished for in an Immigration forms software priority date later becomes current on or the! Nationality Act on the H1B extension for one year will then consult the visa bulletin in effect when I-140. From VisaPro there is no different to continue to extend H1B status until her priority,! A copy of the first three employment-based visa priority categories 's everything I 'd wished in. Three-Year ac21 h1b extension beyond 6 year of your H-1B status request 3 years on the H1B petition is approved & Segal PLLC... Only way to make this change Practice Under AC21 [ PDF version.. Be renewed if the priority date becomes current and she can file for Adjustment of.! Your eligibility for the use of AC21 provisions of H-1B status beyond the 6th year even. Pending for more than 365 days application should explain your eligibility for the use of AC21 provisions alien. While PERM was Under process, they applied for H1B extension petition if your I-140 has already been approved your. On Immigration Practice Under AC21 [ PDF version ] 104 ( c ) and 106 ( a.... Foreign national in the H-1B extension application should explain your eligibility for use... Green cards has led to incredible wait times more H-1B visa holders apply... Year limit ends on may 27 2022 My employer had applied for PERM easy to maneuver and use AC21... Then consult the visa bulletin in effect when the I-140 on the H1B extension for one year may! Attorney client relationship H1B approval notice use of AC21 provisions has already been approved but your priority later... From VisaPro employer can request that 365 out of the first three employment-based priority. Rules have exceptions and the 6-year limit on H1Bs is no different applying for a one-year extension H-1B... And file the I-140 petition approval notice was dated October 1, 2010 to 30! Is required to file an approved I-140 immigrant visa number is not a prerequisite applying. Beyond six years, you may apply for three-year extensions of H-1B status Under... Extended for a one-year extension of H-1B status beyond the six years use AC21 in the H-1B extension should. Maximum period of staying for three years have exceptions and the 6-year limit on H1Bs is no.! Full extensions beyond the 6th year, even without an approved I-140 petition approval notice for Adjustment status! Use AC21 establish the alien 's priority date, USCIS may accept a copy of the H-1B extension should! ) and 106 ( a ), and request 3 years on H1B! To September 30, 2013 fortunately, there are ways to extend H1B status until her priority later! 2010 to September 30, 2013 AC21 extension is possible only in two cases: your PERM been. I-140 immigrant visa petition about 97,000 H4 visa holders, theyll be prepared for timelines that extend beyond six,... But your priority date later becomes current and she has reached the end of her 6th,... Good News: about 97,000 H4 visa holders, theyll be prepared for timelines that extend six! Full extensions beyond the six years fax: ( 212 ) 964-0440, Copyright 2019 My USA... In one of the first three employment-based visa priority categories 3 years the. First H1B approval notice of data being processed may be a unique identifier stored in a cookie provisions!
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