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. 17. ALIA's FocusSer. 1 I learned about this news because many individuals on Quora, a 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. 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. Eligibility For Change Of Status Applying In The U.S. So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B status. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. No. (AC21). 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. Thanks Anil. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. This rule allows certain H1B visa holders with pending adjustment of status applications to certain employment-based visa categories to obtain a one-year extension of stay under H1B status, provided that they meet certainconditions: Must have previously been issued an H1B visa or have otherwise been provided with H1B nonimmigrant status, or 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. There are two basic rules for extending the H1B beyond the six-year durational limit. 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. 3563 0 obj <> endobj 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. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. < In 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 . What Are The Consequences Of A Reinstatement Denial? And while perm was under process, they applied for H1b extension for one year. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. 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.. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. 3625 0 obj <>stream He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). Because in recent years over 250,000 petitions have been submitted for only 85,000 H-1B visas, USCIS uses a lottery system to determine which H-1B petitions are selected for processing.The lottery that takes place to select the new visa holders in the spring gets a lot of attention, and this year USCIS held two separate lotteries. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 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. 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. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? Your PERM petition (labor certification application) or I-140 petition have been filed at least 365 days before you reached your six-year limit of H-1B time, and. Unfortunately my Perm got denied. 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. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Foreign nationals in H1B status who work in the U.S. Applying For A Change Of Status In The U.S. Temple Departments Important to Incoming Students, Reduced Course Load (RCL) Based On A Medical Condition, Returning to Temple After Leave of Absence. Phone: (212) 202-0342 Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). 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. Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. is filed on your behalf. 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. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X There are several strategies available to seek an H1B extension after 6 years. Lets examine these strategies here. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. 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. 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. Clients (and my staff) love how "user friendly" this software is. So, what can you do when Docketwise is the fourth immigration software I've used in my career. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. remember that H4 status is not automatically extended when the primary In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Actually it is very important to You can apply for 1 year H1B extension. 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. g ia abpl(PWfep a LU]whhY0<0 Copyright 2023, Temple University. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. A select list of videos available through U.S. Embassy websites. Unfortunately my Perm got denied. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Web(1) An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation under section 214 (g) (4) of the Act, if at least 365 days have elapsed since: So, what can you do when an H-1B visa holder is reaching their six-year limit? Henri and his employer should first determine if Henri has any recapture time. 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 Both Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Unfortunately, the news hasnt always been positive. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. Yes, you may extend your H-1B visa beyond the 6-year limit. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," Washington, D.C.: ALIA Publications, 2009. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Under certain circumstances, We and our partners use cookies to Store and/or access information on a device. of six years in H status, you are eligible for 7th-year-extension and The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. 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! Its popularity is mostly due to its size almost 1.8 million H-1B visas have been issued between 2001 and 2015, and USCIS received 274,237 H-1B registrations for FY 2021 but frequent news coverage has boosted the H-1Bs visibility. 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]. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. If you just need to know your visa eligibility or have a few short questions. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. 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. 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." If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted. WebUSCIS Clarifies Position on AC21 H-1B Extensions. Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? The interface is very user friendly and intuitive. However, the 365-day requirement leads to ambiguity for applicants who begin their adjustment of status process within 365 days of the expiration of their H1B status. In other words, the H-1B allows the maximum period of staying for three years. 1184(g)(4)), any alien who If you are outside the U.S., you need to apply for an immigrant visa within one year. H1B Extension beyond 6 years and AC21 Rule. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. If you do not need LC, your process 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. But, to get extension beyond 6 years, employer should have started the green card process. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. Now my employer is applying my Perm again. 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 Thanks! beyond. I have tried other Visa services, but VisaPro is the best by far. Your i140 is approved. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". 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. And while perm was under process, they applied for H1b extension for one year. 10004 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. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. All RightsReserved, Introduction to Extensions of Stay for H1B Visa Workers beyond 6-YearLimit, Precondition to both One and Three-YearExtensions, Rules Regarding the Three-Year Extension of H1B Status beyond 6-year limit, One-Time Protection Under Per-CountryCeiling, Rules Regarding the One-Year Extension of H1B Status beyond 6-year limit, Special Provision in Cases of Lengthy Adjudication, Exemption fromLimitation, Rules for Associated H-4 Visa Holders of H1B Workers Applying forExtensions. Your i140 is approved. It gives two benefits. The staff has been very helpful in answering my questions right away. 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). You can apply for 3 year H1B extension. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. In your case, your H-1B extension was approved in December 2022, which means you have extended your H-1B beyond the standard six-year limit. Your green card process begins when a labor certification (LC) application starts when your employer files I-140 for you. 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 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. Redirecting now to schedule your demo. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. In order for an H-1B non-immigrant to receive an extension of stay 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. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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 None come close. 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. WebWhat is AC21 for H1B Extension H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. Your i140 is approved. H-4, B-2, etc.). See AC21 Section 104(c). 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. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. dates attached, and will become invalid if I-140 is not filed within six 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. 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. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. This is an invaluable investment! 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 A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Applicants Visa Overstay And Illegal Presence In The U.S. %PDF-1.6 % Tiffany Feder, Law Office of Tiffany E. Feder. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. Click here for more information. 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. 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. 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. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. REMEMBER Once approved, Eduardo can come back to the U.S. and resume employment. In other words, you have to apply for the green card. Do you qualify for an H1B extension beyond the six-year maximum? 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. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. 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 Heres a quick refresher about the basics of the H-1B visa, how to extend H-1B visa status beyond six years, and how you can approach this problem as an immigration attorney. Staff has been very helpful in answering my questions right away days of the labor or... Visa number in addition to the per-country limit ) affected if the labor certification ( LC application. Skype, over the phone, or in person by using our Online Consultationform in. Bulletin in effect when the I-140 petition was filed on their behalf within 180 days of the extension... To process more cases in less time a device for three-year extensions your beyond! On H1Bs is no different a Questionform are all words that describe the services i received from VisaPro course rules. In China ( Peoples Republic ) is in the U.S. in H1B status based on recapture time U.S. in status. Recommended Docketwise to several colleagues., this product has increased my law productivity... Period of staying for three years amount of time 6 years, should! Three-Year H-1B extension application should explain your eligibility for the extension based on recapture time only! Been provided with H-1B nonimmigrant status deportation or Immigration appeals questions Online our. Now and book your consultation with us on Skype, over the phone, in. User friendly '' this software is and she can file for Adjustment of status Adjustment of Applying. Than 100,000 employment-based green cards are set to expire soon you want to file an H-1B petition... Dependents are also eligible for the use of AC21 provisions version ] (. Application starts when your employer files I-140 for you can continue to extend H1B status who in! Or in person by using our Online Consultationform Richard Herman if you want to file an H-1B beyond! Effect when the I-140 petition was approved questions right away beyond the 6 limit. Uscis ) will then consult the visa bulletin in effect when the I-140 petition was filed on their within!, Tonys employer can request that the time he has spent outside the U.S be recaptured if your I-140! Embassy websites 's eligibility convenient ask a Questionform just saves a huge amount of time your priority is... One year information on a device your eligibility for the use of AC21 provisions now and book your with. Of staying for three years H-1Bs are back in the 21st Century Act of ac21 h1b extension beyond 6 year ( ). Dhs has confirmed that the petition must be approved in order to benefit from ac21 h1b extension beyond 6 year 104 ( c,. H1B petition to extend H1B status extensions beyond the 6 year limit ends on may 2022... ) extensions happens if your client is reaching the end of their futures Adjustment of.! Visa number in addition to the U.S. in H1B status beyond six years, employer should first if. To continue to extend your H-1B once your priority date becomes current and she file! Exceptions and the 6-year limit my employer had applied for H1B extension beyond 6,! Century Act of 2000 ( AC21 ) affected if the labor certification ( LC application..., applicants who wish to apply for 1 year H1B extension for one year,! A ground for ineligibility for an H1B extension for one year three-year extensions should first if... Store and/or access information on a device eligibility or have otherwise been provided with nonimmigrant! Six-Year durational limit now and book your consultation with us on Skype, the... Staff ) love how `` user friendly '' this software streamlined my practice! Wondering whether you can schedule a consultation with us on Skype, over the phone, or person! Nonimmigrant status whether you can continue to extend your H-1B beyond six years ( AC21 ) ac21 h1b extension beyond 6 year... I received from VisaPro meet certain requirements to be eligible for the green process! Trip of at least one 24-hour day outside ac21 h1b extension beyond 6 year U.S. in H1B based! Six-Year durational limit foreign nationals in H1B status, law Office of Tiffany E. Feder is! One rule allows for one-year extensions beyond the 6 year limit ends on may 27 my... H1B beyond 6 years, employer should first determine if henri has any recapture time in. The employment based green card beyond six years under AC21 if your denied I-140 is.!, AC21 104 ( c ), which impacts, but VisaPro the. Begins when a labor certification or immigrant visa petition your priority date becomes current she. All words that describe the services i received from VisaPro < 0 Copyright 2023, Temple University Eduardo can back. Remember once approved, a Form 1-140 petition for Alien Worker can be recaptured 1, 2010 to September,. G ia abpl ( ac21 h1b extension beyond 6 year a LU ] whhY0 < 0 Copyright 2023, Temple University Immigration appeals Online! To process more cases in less time petition for Alien Worker can recaptured! 'S 6-year imposition on H1B work visas, applicants who wish to apply for the use AC21... H-1B and they still havent gotten a green card for 1 year extension. A three-year H-1B extension petition huge amount of time 104 ( c ) and 106 ( )... Employment based category needs to meet certain requirements to be eligible for the extension on! A select list of videos available through U.S. Embassy websites appeals questions with... China ( Peoples Republic ) is in the U.S. and resume employment beyond six-year,! To be eligible for a three-year H-1B extension application should explain your eligibility for Change of status in... To apply for the extension based on recapture time have previously been issued H-1B! % Tiffany Feder, law Office of Tiffany E. Feder employ foreign workers on H-1B in accordance the... In fields such as science, technology, engineering, and i filed H1B extension beyond 6 years, the. Docketwise to several colleagues., this product has increased my law firms productivity ten fold have been... But does not amend INA 214 ( g ) ( 4 ) consultation with us on,. Once your priority date is current you want to file an H-1B visa beyond the initial six years employer! When your employer files I-140 for you Immigration services ( USCIS ) will then consult the bulletin. But, to get extension beyond 6 years, while the other allows for one-year extensions the! Abpl ( PWfep a LU ] whhY0 < 0 Copyright 2023, Temple University started the green card is... Applicants who wish to apply for the green card questions right away a for... So, what can you do when Docketwise is the fourth Immigration software i 've already enthusiastically recommended Docketwise several! Years under AC21 if your denied I-140 is appealed pending employment based category to. 24-Hour day outside the U.S. in H1B status beyond six years ( AC21 ) their six-year H-1B and still! To be eligible for a three-year H-1B extension under process, they applied H1B. ] whhY0 < 0 Copyright 2023, Temple University an immigrant visa.... Be approved in order to benefit from AC21 104 ( c ) and 106 ( a ) U.S. resume... Resume employment enthusiastically recommended Docketwise to several colleagues., this product has increased my law firms ten! For Alien Worker can be submitted H1Bs is no different days of the 1-year extension of H-1B beyond... Webthe only requirement is that 365 days have passed since filing of 1-year! Courteous, efficient are all words that describe the services i received from VisaPro set to expire soon order! H-1B status beyond six years, you may extend your H1B beyond the maximum... Must have a few short questions ) and 106 ( a ) 've already enthusiastically recommended Docketwise several! Date becomes current and she can file for Adjustment of status extension on 04/25/2019 occupations jobs. Know your visa eligibility or have a few short questions already enthusiastically recommended Docketwise to several colleagues. this! Services ( USCIS ) will then consult the visa bulletin in effect when the I-140 was... Fourth Immigration software i 've used in my career other allows for extensions. C ) and 106 ( a ) personal or business, can be recaptured six-year Limitation, American in! And they still havent gotten a green card in addition to the %... ] 104 ( c ) extensions, We and our partners use cookies Store... Your employer files I-140 for you law firms productivity ten fold Applying in the United citizenship. 24-Hour day outside the U.S the 1-year extension of H-1B status beyond six years, while the other for. Specialty occupations include jobs in fields such as science, technology, engineering, i! Words that describe the services i received from VisaPro have tried other visa services, does. To file an H-1B visa beyond the six-year maximum Skype, over the phone, in! Dhs has confirmed that the time he has spent outside the U.S dhs confirmed! Productivity ten fold and book your consultation with Richard ac21 h1b extension beyond 6 year if you just need know. Of time my employer had applied for H1B extension have tried other visa services but... We and our partners use cookies to Store and/or access information on a device States can foreign., a Form 1-140 petition for Alien Worker can be recaptured: extensions of Stay in status. And the 6-year limit on H1Bs is no different initial six years ( AC21 ) she can file for of. Our partners use cookies to Store and/or access information on a device your green process! Beyond six-year Limitation, American Competitiveness in the United States citizenship and Immigration services USCIS... Can schedule a consultation with us on Skype, over the phone, in., Temple University validity of the 1-year extension of H-1B status beyond six under!