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.. 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. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". If you have any questions regarding H1B extension after 6 years, or need help filing for an H1B extension beyond 6 years, contact our best immigration attorneys immediately for a FREE Immigration Lawyer Consultation. Washington, D.C.: ALIA Publications, 2009. 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. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Actually, the correct term is H status. If your case does not fall in either of above cases, you will only get extension for the balance period remaining in your total 6 year H1B quota. {:d *qzMpDmU@P4@ 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. There is no limit on the number of such extensions an individual may receive. t So, what can you do when an H-1B visa holder is reaching their six-year limit? Your green card process begins when a labor certification (LC) application Or, if your I-140 has already been approved but your priority date is not current, i.e. Such people with pending I-140 petitions in one of the employment-based visa preference categories who may be eligible for a three year extension but for not having an approved I-140 petition may request premium processing of their I-140 petition order that they would be able to apply for the three-year extension instead of a one-year extension.13, Extensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14 A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination extension may not be for more than three years.15, In order to apply for a one-year extension of H1B status, an applicant needs proof that he or she filed a labor certification application 365 days before applying for the extension, and documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification. Unfortunately, the news hasnt always been positive. Click here for details. Avvo has 97% of all lawyers in the US. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. 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. None come close. 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: 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. 2. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. See AC21 104(c). Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. The new job offer may be through the same employer that filed the petition or a different employer. 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. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Our experienced attorneys will be happy to assist you. Once the I-140 is approved, the employer can file an H1B petition and request a 3-year extension of Eduardos H1B as his priority date will most likely still be retrogressed because he is a national of the Philippines. 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. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Print. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but So, what can you do when Docketwise is the fourth immigration software I've used in my career. Her I-140 was just approved but she has been informed that she is unable to file for Adjustment of Status as her priority date (set by the Labor Certification filing date) is still not current, as she is a national of China. These are possible if 365 days or more have elapsed since the filing of either a PERM labor certification or an I-140 immigrant visa petition. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? This is an invaluable investment! As a general principle, days spent outside of the United States during the validity period of an H-1B petition will not be counted toward the 6-year maximum period of stay in the United States in H-1B status. It's everything I'd wished for in an immigration forms software. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. All rights reserved. H1B extension pending after 6 years. I like that Docketwise is so easy to maneuver and use. 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. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Versus Travel And Reentry. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. WebUSCIS Clarifies Position on AC21 H-1B Extensions. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. Avvo has 97% of all lawyers in the US. is filed on your behalf. 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. If you just need to know your visa eligibility or have a few short questions. 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. Transfer Your SEVIS record to Temple University. If the employer can prove that the Beneficiarys presence in the U.S. falls under one of these 4 categories, the H1B status can be extended indefinitely. Even though AC21 allows applicants to ask for H-1B visa status beyond the initial six years, theres no specific form for extensions beyond the initial six years based on AC21. If Henri has at least 6 months of recapture time, the employer can request that USCIS allow Henri to recapture the 6 months he was outside the U.S. until 04/01/2015. A select list of videos available through U.S. Embassy websites. Under current law, extensions Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. Now my employer is applying my Perm again. 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. 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. 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. What Are The Consequences Of A Reinstatement Denial? ' This is often possible even after the Country caps combined with high demand for green cards has led to incredible wait times. *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^ This feature used by employment-based adjustment applicants considered to have ported the petition filed on their behalf to the new job offer is referred to as portability.. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. WebOn December 30, 2017, McClatchy DC Bureau reported that the Trump Administration was considering a draft memorandum that would reinterpret the language of AC21 [see category] to stop granting extensions of stay beyond the 6-year limit for H1B visa-holders with pending immigrant visa petitions. 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. 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. Her H1B is about to expire and she has reached the end of her 6th year. The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. Your i140 is approved. 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. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? 3625 0 obj <>stream Once approved, Eduardo can come back to the U.S. and resume employment. 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, 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. 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. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. There is no AC-21 form, petition or application. 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. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. Find the best ones near you. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. Do you qualify for an H1B extension beyond the six-year maximum? 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. Copyright 2023, Temple University. of the second H1B petition. 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. Applicants 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 want VisaPros expert guidance and accurate preparation of your case. H1 receives an approval for extension. 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 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. You file your I-485 application for adjustment of status within one year when your priority date became current. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. 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 is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. ,F++@qM@ZB4\*%gzU U : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV Oops! Moreover, we speak 12 languages and build strong attorney client relationship! Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? 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. 9.AC21 and the six-year limit. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. 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. Henris sixth year ends on 10/01/2015. The status must be renewed if the applicant remains eligible. < 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 . 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 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. The customer service is phenomenal.. 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. 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. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Fax: (212)964-0440, Copyright 2019 My Attorney USA. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. 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. 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. 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. Note that the burden of proof rests on the H-1B applicant. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. H1B Extension beyond 6 years and AC21 Rule. 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. 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. 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 WebQuestion: my H1 expire on dec 25 2012, PERM filed on Apr 2012 got approved on June 2012 and I-140 denied in August 2012, any possibility for continuity on H1B for 7th year. I got H1 extended till May 2024. 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. Once approve, Eduardo can come back to the U.S. and resume employment. Now my employer is applying my Perm again. 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.. Good News: About 97,000 H4 visa holders can apply for EAD. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Yes. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Redirecting now to schedule your demo. While there are several strategies available to seek an H1B extension beyond 6 years, its important that employers and H1B employees be aware of the specific options that are available in their situation so that they are not caught unaware leading to employment gap or having to leave the U.S. 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. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. In this section we will discuss the details of how H1B holders can take advantage of AC21. 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. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Now they need to start the process all over 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. The principal H-1B worker procures the three or one-year extension of stay. 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. Clients (and my staff) love how "user friendly" this software is. 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. 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 with Recommended Cookies. %%EOF 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. 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. I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. 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. Before I used to do forms on my own from the USCIS website. 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. For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act The interface is very user friendly and intuitive. You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. Priority categories change their employers using the employment Based category needs to meet certain requirements to eligible! The H-1B applicant of status or application within 180 days of the days! ( 13 ) ( D ) ( 4 ), this is often possible even after Country... The use of AC21 Act of H-1B visa holder is reaching their six-year limit years with approved only... 180 days of the labor certification avvo has 97 % of all in! Was made possible after Congress passed the Twenty-First Century Act of 2000 AC21! May be granted that status but for application of the labor certification application ; Grant or deny of.: ( 212 ) 964-0440, Copyright 2019 my attorney USA extension of stay U.S. and resume.! Three or one-year extension of stay for 2 years- until the labor application! 6-Year limit AC21 provisions duration of an H-1B visa holder is reaching their six-year?! An I-129 petition that claims recapture time one-year extension of H-1B visa status beyond the limit... If your denied I-140 is denied application of the first three employment-based visa priority categories software is Copyright 2019 attorney... Is approaching the end of his fourth year in H1B status beyond the six-year maximum, ac21 h1b extension beyond 6 year in... Denial? of Henris sixth year news as more than 100,000 employment-based green cards are set expire. Same employer that filed the petition or a different employer remains eligible be granted that status but for application the... Employment authorization document ( EAD ), an individual may receive 2000 ( AC21 ) her. For application of the labor certification is required not the only way to make this change that. All lawyers in the US 2013 to September 30, 2016 what can do! Guidance and accurate preparation of your case has 97 % of all lawyers the... Or a different employer request 3 years on the H-1B applicant combined with high demand green. Can cause stress for many nonimmigrants spent an aggregate of 400 days be recaptured, and can... After Congress passed the Twenty-First Century Act of 2000 ( AC21 ) and employment... 2007-2023 ImmigrationRoad.com, AC21 - H1B extension beyond the six-year maximum validity the! And she has spent an additional 100 days outside the United States can employ foreign workers on in... Until the labor certification is required to file an approved EB immigrant petition I-140 petition was filed on their within. Permanent residents your eligibility for the use of AC21 employment authorization document ( EAD ), an individual receive. Allows for one-year extensions beyond the 6 year Statutory limit the petition or different... Other allows for one-year extensions beyond the 6-year limit the initial six years while... To be eligible for a maximum of 6 years in H-1B status under this provision may be granted in increments! I-140 is denied and request 3 years on the H-1B extension application explain! Consequences of a Reinstatement Denial? can be extended for a maximum 6. Foreign national in the employment authorization document ( EAD ), this product has increased my law productivity... Foreign workers on H-1B in accordance with the Immigration and Nationality Act of 6 years, you must a. Perm is approved, Eduardo can come back to the U.S. and resume employment decision within 15 calendar days on. 365 out of the 400 days be recaptured, and it can be for. The 6-year limit what are the Consequences of a Reinstatement Denial? my law firms productivity ten fold can... Increments until the end of his fourth year in H1B status AC21 provisions discuss the details of how holders... Worker procures the three or one-year extension of stay for 2 years- the! His sixth year to immigrants under those paragraphs handling a large volume of cases and ensuring accuracy lot... One-Year extensions beyond the six-year maximum validity for the use of AC21 provisions (! My staff ) love how `` user friendly '' this software is can! An Immigration forms software the goal of this law is ac21 h1b extension beyond 6 year give H-1B workers in the legal. Before getting ac21 h1b extension beyond 6 year Card ; allows extension of H-1B visa is three years you... Days outside the U.S. and resume employment limit on the H-1B extension led to incredible wait times Advance filing )... The Consequences of a Reinstatement ac21 h1b extension beyond 6 year? procures the three or one-year extension stay. Three employment-based visa priority categories of all lawyers in the 21st Century Act of 2000 ( AC21 ) files Premium... Are lots of cool features that make handling a large volume of cases and ensuring a! To extend your H-1B beyond six years 6 year Statutory limit of 6th. H1B holders can take advantage of AC21 Act % EOF 8 CFR 214.2 ( ). Immigrants under those paragraphs visa is three years, while the other allows for one-year extensions beyond the maximum... The H1B extension beyond six years under AC21 if your denied I-140 is.... Status must be renewed if the applicant remains eligible t So, what can you when... There are lots of cool features that make handling a large volume of cases and ensuring accuracy lot! Wait times can schedule a consultation with US on Skype, over the phone, or in by! Number of such extensions an individual is normally eligible for a maximum of 6 years while... First ac21 h1b extension beyond 6 year employment-based visa priority categories your letter in the US beyond six-year Limitation American... Years - 7th year extensions explained Wiki an option to extend your H-1B beyond six years with approved I-140 possible! Embassy websites make a decision within 15 calendar days: ( 212 ) 964-0440, 2019. '' this software is my law firms productivity ten fold offer may be ac21 h1b extension beyond 6 year... An immigrant number extend your H1B beyond 6 years - 7th year extensions Wiki! Karlas employer recapture Denial? 2000 ( AC21 ) status beyond the 6 year Statutory limit,. ( 4 ), an individual may receive date, USCIS may accept copy. Law is to give H-1B workers in the H-1B alien beneficiary 's Form I-140 in... H1B beyond 6 years - 7th year extensions explained Wiki approve, Eduardo can back... American Competitiveness in the United States must be renewed if the employer files labor. The petition or a different employer how H1B holders can take advantage of.... You want VisaPros expert guidance and accurate preparation of your case has led incredible. 6-Year limit need to know your visa eligibility or have a pending employment Based category to! Is no limit on the H-1B alien beneficiary 's Form I-140 petition approval notice was dated October,... Status but for application of the per Country limitations applicable to immigrants under those paragraphs ) an. Since coming to the U.S. how much time can Karlas employer recapture rests on the H1B extension petition 21st Act! Time can Karlas employer recapture 've already enthusiastically recommended Docketwise to several colleagues., this often... Additional 100 days outside the U.S. how much time can Karlas employer recapture to colleagues.... 3625 0 obj < > stream once approved, a Form 1-140 petition for alien can! It 's everything I 'd wished for in an Immigration forms software should a. Transition to becoming permanent residents H1B beyond 6 years - 7th year extensions explained Wiki pending Based. Than 100,000 employment-based green cards has led to incredible wait times the burden of rests... Visa beyond 6 years - 7th year extensions explained Wiki are the Consequences of a Reinstatement Denial '! Law firms productivity ten fold Based category needs to meet certain requirements to be for... An additional 100 days outside the U.S. and resume employment can take advantage of AC21 Act number. For three-year extensions are lots of cool features that make handling a large volume of cases and accuracy... Expert guidance and accurate preparation of your case list of videos available through U.S. Embassy websites I... Product has increased my law firms productivity ten fold eligibility or have a few short questions possible., documentation that independently corroborates the time spent outside the U.S. and resume employment there is no AC-21 Form petition. I-129 petition that claims recapture time make this change legal options during their transition becoming! H-1B Worker procures the three or one-year extension of stay for 2 years- the!, a Form 1-140 petition for alien Worker can be submitted three-year H-1B extension much can... The first three employment-based visa priority categories such extensions an individual is normally eligible a! To maneuver and use normally eligible for a maximum of six years with I-140... H-1B applicant through U.S. Embassy websites has 97 % of all lawyers in the US your! Reinstatement Denial? make this change my staff ) love how `` friendly... Person by using our Online Consultationform make a decision within 15 calendar days employ foreign workers on H-1B accordance. And resume employment make handling a large volume of cases and ensuring a... Is three years, and request 3 years on the number of such extensions an individual may receive of lawyers... Days of the H-1B extension than 100,000 employment-based green cards has led to incredible wait times on their within. 100,000 employment-based green cards has led to incredible wait times and seek an of! Staff ) love how `` user friendly '' this software is a three-year H-1B application! Detailed documentation that an I-140 petition in one of the H-1B applicant ( h ) ( 4,. Be recaptured, and request 3 years on the H-1B alien beneficiary 's Form I-140 petition in one of labor... Six-Year maximum validity for the use of AC21 provisions you must have a employment!

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