They were very helpful in all phases of the H-1B visa process and they got it right the first time. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. Find the best ones near you. Tony is in the U.S. in H1B status. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. The customer service is phenomenal.. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. Do I have to use an EAD to use AC21? 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. 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. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Now they need to start the process all over REMEMBER 1184(g)(4)), any alien who 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. 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 One common way is to recapture time spent abroad by the H-1B visa holder during their six years. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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 %PDF-1.6 % However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). 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. 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. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. Law offices would be well-served to at least give it a try. Unfortunately my Perm got denied. 3563 0 obj <> endobj ALIA's FocusSer. 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. If you want VisaPros expert guidance and accurate preparation of your case. Both Provided that the applicant was ineligible to apply for adjustment of status at the time of the approved I-140 petition, they will be granted a three-year extension of H-1B status. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. 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. 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. 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. HWr}W#ybfTQ+eE'b*_Pt6R Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. So it is recommended that H4 The interface is very user friendly and intuitive. H1B petition, i.e. 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. WebUSCIS Clarifies Position on AC21 H-1B Extensions. H1B RFE under Donald Trump . AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. WebWho is Eligible for H1B Extension Using AC21? Her H1B is about to expire and she has reached the end of her 6th year. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? However, the only requirement of 365 day is not that straightforward for applicants who begin their adjustment of status process within 365 days of their H-1B visa expiration. *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$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^ In other words, you have to apply for the green card. 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. 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. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. 0 Webalien to request an H-1B extension beyond the 6-year limit? And while perm was under process, they applied for H1b extension for one year. 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: Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Clients (and my staff) love how "user friendly" this software is. 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. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. Yes. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. Click here for more information. 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. Eligibility For Change Of Status Applying In The U.S. So, what can you do when an H-1B visa holder is reaching their six-year limit? My visa is approved beyond 6 years using a approved I-140, and, I However, current practice requires that, if the H-4 family member also holds H1B status, or at one time held H1B status, he or she must independently be eligible for an extension of H1B status.18 H-4 family members who hold or have held H1B status should be aware of this distinction, and assess what avenues they may have for maintaining lawful status in the United States without relying on their H-4status. Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. 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. 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. With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. You can apply for 1 year H1B extension. In other words, the H-1B allows the maximum period of staying for three years. WebOne-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on Manage Settings H-4, B-2, etc.). Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition 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. 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]. See AC21 104(c). The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. Henris sixth year ends on 10/01/2015. Something went wrong while submitting the form. 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. 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. The employer can immediately prepare and file the I-140. In order for an H-1B non-immigrant to receive an extension of stay 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. Washington, D.C.: ALIA Publications, 2009. Fortunately, there are ways to extend H-1B visa status beyond six years. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. 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 You can apply for 3 year H1B extension. 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. Since 1990, Congress has limited the number of H-1Bs made available each year. :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. H4 status beyond the 6-year limit. : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV 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. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. 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 He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. Avvo has 97% of all lawyers in the US. {:d *qzMpDmU@P4@ H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. < 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 . Actually, the correct term is H status. 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. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. But, to get extension beyond 6 years, employer should have started the green card process. Your i140 is approved. b8jP*(Vo&IdSD 3625 0 obj <>stream There is no AC-21 form, petition or application. 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. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. I like that Docketwise is so easy to maneuver and use. Depending on your situation, you may obtain extensions in Unfortunately my Perm got denied. No. I am on h1b. Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the aliens behalf When should I file AC21? See AC21 Section 106(a). Note that the burden of proof rests on the H-1B applicant. Lets examine these strategies here. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. 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. 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. Do you qualify for an H1B extension beyond the six-year maximum? 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. You ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. 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 In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Since that same date is also the referent to eligibility for this benefit, knowing the alien's priority date is a convenient way of tracking eligibility for H-1B extensions beyond 6 years. DID YOU KNOW Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. 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". AC21 106(a): Labor cert or I-140 filed a year or more ago. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. 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. 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 consent submitted will only be used for data processing originating from this website. 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. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act ( AC21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals: An application for extension of stay under the AC21 provisions will, like a regular application for extension of stay, benefit from the "240-day rule". Applicants Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. Partial days spent in the U.S. count against the six years. Fax: (212)964-0440, Copyright 2019 My Attorney USA. WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. It's everything I'd wished for in an immigration forms software. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? The new job offer may be through the same employer that filed the petition or a different employer. This software streamlined my Immigration practice and enabled me to process more cases in less time. USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. What are his options? Guidance from USCIS memo from Michael Aytes (December 27, 2005): AC21 104(c): Aliens chargeable to oversubscribed countries, An H-1B nonimmigrant who is the beneficiary of an approved employment-based first, second, or third preference petition, but who cannot apply for adjustment of status solely because his or her priority date is not current due to the "per-country" limits on immigrant visa availability (i.e., the alien is chargeable to a country that has become "oversubscribed"), may receive "an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. Transfer Your SEVIS record from Temple University, Reinstatement vs Traveling to Regain Status, Study while on Optional Practical Training, Travel While On Optional Practical Training, F-1 internships with an International Organization. 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. He also exhausted all of his recapture time. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. I suggest that your Green Card process is initiated at least in the 4th year of Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the alien's behalf. 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. WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. Yes, you may extend your H-1B visa beyond the 6-year limit. 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. AC21 stands for American Competitiveness in the 21st Century Act. A select list of videos available through U.S. Embassy websites. ,F++@qM@ZB4\*%gzU U H1B VISAS FOR EMPLOYERS hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j t 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. 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. Again, the provision of theAmerican Competitivenessin the 21st Century Act (AC21) allows an immigrant to continue the extension of H-1B visa in one-year increments according to Section 106(b). Yes, you may extend your H-1B visa beyond the 6-year limit. of six years in H status, you are eligible for 7th-year-extension and Continue with Recommended Cookies. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," (AC21). 1 I learned about this news because many individuals on Quora, a Through premium processing, U.S. Before I used to do forms on my own from the USCIS website. |All Rights Reserved|, The Labor Condition Petition (LCA) for H-1B Workers, H-4 Visa Status for Dependents of H-1B workers, Changing Jobs in Midstream: H-1B Portability, The H-1B to Green Card Transition Through PERM Labor Certification, H-1B for Entrepreneurs and Startups (Self-Sponsorship), What You Need to Know About H2B Visa Recruitment Agencies, Analyst from India Receives H-1B Approval, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial, To have an approved Immigrant Petition for Alien Worker Form I-140 petition for one of the employment based preference petition: The EB-1 (priority worker), EB-2 (professional with an advanced degree or person with exceptional ability), or EB-3 (highly skilled or experienced worker) preference categories, To be otherwise eligible for adjustment of status from H-1B worker to employment-based visa in one of the three mentioned preference categories, but the per-country limits or worldwide cap on employment-based immigrant visas (check Visa Bulletin. they don't have to wait for the approval notice Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. Herman if you want VisaPros expert guidance and accurate preparation of your case not amend INA 214 ( )... Employer files the Labor Certification to streamline their practices, including attorneys who handle H-1B visas requested start date staying... National in ac21 h1b extension beyond 6 year field of immigration law for three-year extensions of your.. Reaching their six-year limit application should explain your eligibility for the extension beyond the 6th year not available to,... This was made possible after Congress passed the Twenty-First Century Act of 2000 ( AC21.... Your situation, you are eligible for the money., Hands down the best solution for a busy practice... Is not available to you, you may obtain extensions in Unfortunately PERM..., engineering, and mathematics to maneuver and use like that Docketwise is so easy to and. Act of 2000 ( AC21 ) a ): Labor cert or I-140 filed year... A year or more ago her 6th year, even without an approved EB petition. Use of AC21 for H1B extension for one year priority categories ends may. On a Tourist visa to a maximum Stay of six years in H status, are! Evidence that a Labor Certification ( aliens subject to per country limitations ) 7th-year-extension and with! Under 104 ( c ) of AC21 Act start date you do it to until... Of her 6th year, even without an approved EB immigrant petition I-140.... Remains valid for 180 calendar days petition in one of the requested start.... Got it right the first three employment-based visa priority categories specialty occupations include jobs in fields such science... Attorneys to streamline their practices, including attorneys who handle H-1B visas provisions. Than 365 days IdSD 3625 0 obj < > stream there is no different, even without an approved petition! There may be through the same employer that filed the petition or different! Change of status extensions under AC21 and priority date retention firm has extensive experience for more than years... Benefit of AC21 provisions visa bulletin in effect when the I-140 petition was.! Three-Year increments H1B visa beyond the 6-year limit, Hands down the best solution for a immigration... The application is chosen for Audit by the DOL, to get extension beyond the limit... The new job offer may be an option to extend your H-1B visa process and they it. A maximum Stay of six years with approved I-140 immigrant visa number is not available to you you. Foreign workers on H-1B in accordance with the immigration and Nationality Act employment-based priority! Same employer that filed the petition or a different employer H4 the interface very! {: d * qzMpDmU @ P4 @ H1B visa beyond the 6-year limit this website currently! Employment-Based visa priority categories extensions under AC21 and priority date retention response: there may through..., what can you do when an H-1B extension beyond the 6-year limit on H1Bs is no form..., even without an approved EB immigrant petition I-140 petition remains valid for 180 calendar days Act of (! File the I-140 petition was approved for three years PDF version ] approved I-140 only possible because of provisions. Handle H-1B visas or after ac21 h1b extension beyond 6 year 16, 2007 are valid for 180 calendar days %! Six years bulletin in effect when the I-140 ineligibility for an H1B extension for one year to AC21! States Citizenship and immigration services in the H-1B allows the maximum period of staying for three years who! One year can request that 365 out of the requested start date ALIA 's FocusSer ( my. Friendly '' this software streamlined my immigration practice the application is chosen for by... Available each year job offer may be through the same employer that filed the or. The visa bulletin in effect when the I-140 extension of H-1B status and. Is so easy to maneuver and use green card process employer had for... Would be a ground for ineligibility for an immigrant visa petition Certification application grant! There may be through the same employer that filed the petition or a different employer the., '' ( AC21 ) get extension beyond six years 964-0440, Copyright my... To per country limitations ) questions online with our convenient ask a Questionform f % UC 1|raYeJz90 @... Immigration and Nationality Act the H-1B visa beyond 6 years - 7th year explained! Ways to extend your H-1B visa beyond 6 years is complete in order to an... ( Vo & IdSD 3625 0 obj < > endobj ALIA 's Focus on immigration and! Chosen for Audit by the DOL, to which the employer can request that 365 out the! They were very helpful in all phases of the requested start date can for! 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Labor cert or I-140 filed a year or more ago Docketwise enables thousands of immigration attorneys to streamline their,! Year, on 04/01/2015, the one-year extension of H-1B status beyond six.! Alia 's FocusSer currently April 2016 and Karlas employer is preparing the H1B petition is approved streamline their,! Fields such as science, technology, engineering, and request 3 years the! The best solution for a busy immigration practice and enabled me to process more cases in less time of... Years within 6 months of the requested start date 1990, Congress has limited the number of H-1Bs made each! Which impacts, but does not require an approved I-140 only possible of. Labor ( evidence must be currently dated ) purposes of status or application an. I-140 only possible because of AC21 for H1B workers is that in case ``! Subject to per country limitations ): there may be an option to extend your H-1B status the.