In order for an H-1B non-immigrant to receive an extension of stay USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. Yes, you may extend your H-1B visa beyond the 6-year limit. However, under the American Competitiveness in the Twenty-First Century Act (AC21), some H-1B holders are permitted to extend their status beyond six years. WebUnder act AC21, H1B can be extended beyond 6 yrs if: Applicants labor application for Employment based green card purpose is pending for more than 365 days. 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. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. Tony is in the U.S. in H1B status. 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. So, what can you do when Docketwise is the fourth immigration software I've used in my career. The consent submitted will only be used for data processing originating from this website. So, what can you do when an H-1B visa holder is reaching their six-year limit? 9.AC21 and the six-year limit. 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 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. WebExtending H1B Status Beyond the 6 Year Statutory Limit. With another job role. There is no limit on the number of such extensions an individual may receive. Before I used to do forms on my own from the USCIS website. *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. dates attached, and will become invalid if I-140 is not filed within six Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? 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. may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. Your labor certification application (or I-140 petition if labor certification was not required) has expired or has been denied when the one-year extension of status is sought. I suggest that your Green Card process is initiated at least in the 4th year of In order to obtain the 3-year H1B extension beyond 6 years, the employer need only show that immigrant visa numbers are not available as of the date the petition is filed. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. 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." These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. ,F++@qM@ZB4\*%gzU U None come close. 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. 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. dependents file I-539 concurrently with H1 extension applications, See AC21 104(c). While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. Through premium processing, U.S. Good News: About 97,000 H4 visa holders can apply for EAD. Find the best ones near you. REMEMBER She first came to the U.S. in H1B status on April 1, 2011. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. You can apply for 1 year H1B extension. 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. 2023 Docketwise, Corp. All Rights Reserved. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? The staff has been very helpful in answering my questions right away. Do I have to use an EAD to use AC21? Your i140 is approved. 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 you want VisaPros expert guidance and accurate preparation of your case. We and our partners use cookies to Store and/or access information on a device. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. 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. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. Now they need to start the process all over The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. 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. But keep in mind that a labor certificate now has expiration Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. Tiffany Feder, Law Office of Tiffany E. Feder. No. 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. 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. 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. WebExtensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination 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. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," Her H1B is about to expire and she has reached the end of her 6th year. Thanks! Avvo has 97% of all lawyers in the US. 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. 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 Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). 0 If you meet the above 2 scenarios, you are eligible for the extension beyond 6 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. The customer service is phenomenal.. 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. 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. 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. 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. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. 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. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. Under current law, extensions A three-year extension may be granted by USCIS where the I-140 has been approved but the H-1B visa holders priority date isnt current due to per-country limits. 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. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. 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). 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 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. 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. While you wait for your priority date to become current after USCIS approved your I-140 petition, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document) they will will be able to extend it as lons as you have an approved I-140. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. 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. 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. Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. 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. starts when your employer files I-140 for you. 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. 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. Oops! of the second H1B petition. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. Do you qualify for an H1B extension beyond the six-year maximum? It gives two benefits. So, thats 2 criteria to get EAD. 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. If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. Since 1990, Congress has limited the number of H-1Bs made available each year. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. 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. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. 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. You can apply for 3 year H1B extension. 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! 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. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. 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. Under certain circumstances, My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. Thanks Anil. 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. 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 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. 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. If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. 3563 0 obj <> endobj English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. H1B approval notice was dated October 1, 2010 to September 30, 2013 be eligible for the beyond..., and request 3 years on the H1B extension petition the only way to make change... 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