This software streamlined my Immigration practice and enabled me to process more cases in less time. Unfortunately, the news hasnt always been positive. Actually, the correct term is H status. Do I have to use an EAD to use AC21? 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. You H1B Extension beyond 6 years and AC21 Rule. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one 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. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. 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. An alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien's requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period. The H-1B visa is likely the best known visa program in the US. 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. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. 27 Whitehall Street, 5th Fl First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. My visa is approved beyond 6 years using a approved I-140, and, I *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ Specifically, section 104(c) of AC21 authorized the extension of H-1B status beyond the statutory 6-year maximum for such individuals if immigrant visas are not immediately available to them because the relevant preference category is already over-subscribed for that foreign national's country of birth. 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). H1B petition, i.e. 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! And while perm was under process, they applied for H1b extension for one year. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. I suggest that your Green Card process is initiated at least in the 4th year of Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? is filed on your behalf. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. 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 Your i140 is approved. 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. 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. Under current law, extensions Section 104(c) of AC21 states: (c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 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. With another job role. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). An example of data being processed may be a unique identifier stored in a cookie. The content of myattorneyusa.comis copyrighted. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. 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. The statute says that the 104(c) extension exception applies to individuals who are eligible for an EB-1, EB-2, or EB-3 visa number "but for application of the per country limitations applicable to immigrants under those paragraphs." *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^ Fax: (212)964-0440, Copyright 2019 My Attorney USA. 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. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but 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.. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. Unfortunately my Perm got denied. Since 1990, Congress has limited the number of H-1Bs made available each year. This is an invaluable investment! Visa Overstay And Illegal Presence In The U.S. It is important to note that only full days spent outside the U.S. will be counted for recapture. 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. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 yeartenure. REMEMBER You can apply for 3 year H1B extension. WebUSCIS Clarifies Position on AC21 H-1B Extensions. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. Pelta, Elanor, and Vazquez-Azpiri, A. James. 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. 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. 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. 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. Lets examine these strategies here. Yes, you may extend your H-1B visa beyond the 6-year limit. HWr}W#ybfTQ+eE'b*_Pt6R Phone: (212) 202-0342 H1B RFE under Donald Trump . Washington, D.C.: ALIA Publications, 2009. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. I am on h1b. 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. of the second H1B petition. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? In other words, you have to apply for the green card. Henris sixth year ends on 10/01/2015. 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. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. 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". Happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green.! You may extend your H-1B visa beyond the six years one-year extensions of H-1B beyond! 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