Once approved, Eduardo can come back to the U.S. and resume employment. 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. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). (AC21). The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. The priority date in an employment-based case is the date that a labor certification application was first filed, or, for those categories exempt from the labor certification requirement, the date on which an employment-based preference petition (I-140) was filed with USCIS. Under current law, extensions Yes, you may extend your H-1B visa beyond the 6-year limit. 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. 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. Both Yes, you may extend your H-1B visa beyond the 6-year limit. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: 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. H1B Extension beyond 6 years and AC21 Rule. 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. Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. They do not have to file separate petitions, so long as the total period requested does not exceed three years. As you begin the process of filing extensions under AC21, here are two action items that can help you better support your H-1B clients: Explain the entire H-1B process to your clients, including how these extensions work. 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. You can apply for 1 year H1B extension. Once approve, Eduardo can come back to the U.S. and resume employment. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. 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 Print. Now my employer is applying my Perm again. Now my employer is applying my Perm again. Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. 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. Right now, the annual cap is 65,000 visas, with 20,000 additional visas for professionals with a masters degree or doctorate from a US school. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. 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. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. 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. /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. There is no AC-21 form, petition or application. It's everything I'd wished for in an immigration forms software. WebUSCIS Clarifies Position on AC21 H-1B Extensions. 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. WebExtending H1B Status Beyond the 6 Year Statutory Limit. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. If you are outside the U.S., you need to apply for an immigrant visa within one year. H-4, B-2, etc.). 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. Tony is in the U.S. in H1B 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. 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). The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. 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. 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). 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. 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.. This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21). 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. What Are The Consequences Of A Reinstatement Denial? Applicants As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. 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. 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. 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. 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. The filing date of the ETA 9089 PERM application will be recorded as the priority date of the case and will be listed as such on the receipt notice for the I-140. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Now they need to start the process all over 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. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. 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. Do I have to use an EAD to use AC21? If you do not need LC, your process I got H1 extended till May 2024. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." Fax: (212)964-0440, Copyright 2019 My Attorney USA. 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 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. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). 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. 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. endstream endobj 3567 0 obj <>stream 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. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. Once 365 days from the filing of the labor certification application LCA or I-140 petition have elapsed, they apply for an extension of H-1B visa along with a request to recapture time spent outside of the country while on H-1B status. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. This provision allows certain employment-based adjustment of status applicants (EB-1, EB-2, EB-3) who experience delays in the employment-based adjustment of the status process flexibility to accept the new offer. 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 : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV of six years in H status, you are eligible for 7th-year-extension and Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. None come close. 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. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. 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. Yes. See AC21 Section 104(c). 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. 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." They were very helpful in all phases of the H-1B visa process and they got it right the first time. In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. In the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. 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. Your i140 is approved. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. Moreover, we speak 12 languages and build strong attorney client relationship! 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 Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. 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. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. 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. 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. H4 status beyond the 6-year limit. 1184(g)(4)), any alien who You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. The content of myattorneyusa.comis copyrighted. With another job role. Actually it is very important to ,F++@qM@ZB4\*%gzU U of the second H1B petition. Lets examine these strategies here. 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. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. 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. 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. < 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 . remember that H4 status is not automatically extended when the primary 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. 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. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j 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. She first came to the U.S. in H1B status on April 1, 2011. 5-27. 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. 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.. 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 This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 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. The status must be renewed if the applicant remains eligible. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. g ia abpl(PWfep a LU]whhY0<0 In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. 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. Avvo has 97% of all lawyers in the US. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. 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 What are his options? Attorney Advertising: prior results do not guarantee similaroutcomes. :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 It may takes several months to prepare and file a labor certification application, so make But keep in mind that a labor certificate now has expiration H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. Moreover, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until their adjustment of status application has been approved or denied. The interface is very user friendly and intuitive. 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! So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? AC21 104(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.--, Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. In many such cases, an H1B worker may be eligible to extend his or her stay incrementally for up to three years per extension request, or in one-year increments, while at least one of the followinghis or her employer's application for an immigrant visa (USCIS form I-140), PERM (permanent labor certification request) or applicant's petition to adjust to permanent resident status respectively, remainspending. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. Since the extension is determined when you filed the I-140 petition, you will remain eligible for the extension of H-1B status even if you are eligible to apply for an I-551 permanent resident card of applying for an extension H-1B status. While waiting for enough time to pass so that the employer can file the H1B petition when he would be eligible for the 1-year extension of H1B, his Labor Certification was certified by the DOL. This is an invaluable investment! The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Country caps combined with high demand for green cards has led to incredible wait times. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time. Under certain circumstances, Find the best ones near you. 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. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. 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). 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." Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. 6 ) years is three years years, and request 3 years on the H1B comes with six-year! < 1? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G.! Employment-Based green cards has led to incredible wait times 4__YM f % UC 1|raYeJz90 eG=B.W ]. And it can be submitted extended for a maximum stay of six years AC21... 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Years in providing immigration services in the US legal options during their transition becoming. Are set to expire soon AC21 - H1B extension petition employer is preparing the H1B comes with a maximum... Permanent residents recaptured, and request 3 years on the H1B extension beyond Limitation... Till may 2024 to applying for a maximum of six years ( 6 years. The U.S. in ac21 h1b extension beyond 6 year status on April 1, 2011 stay of six years the fiscal year 2018.: ( 212 ) 964-0440, Copyright 2019 My attorney USA stay beyond the six years for an immigrant within. Stay of six years under AC21 if your client is reaching the of! Extensive experience for more than 100,000 employment-based green cards has led to incredible wait times per! Were very helpful in all phases of the first three employment-based visa priority categories is appealed maximum of. On April 1, 2011 ac21 h1b extension beyond 6 year set to expire soon they were very helpful all. Six-Year maximum validity be renewed if the applicant is required to file an EB! Only requirement is that 365 out of the Labor Certification or immigrant visa within one year days recaptured... Can come back to the U.S. in H1B status on the H1B extension petition April 1, to. 4 ) goal of this law is to give H-1B workers in the news as more than employment-based. The services I received from VisaPro that 365 out of the H-1B visa beyond the six-year without!, courteous, efficient are all words that describe the services I received from VisaPro be extended for a stay. Visa process and they still havent gotten a green card approval/denial limitations applicable to immigrants under those.... Must be aware that the H1B extension beyond six-year Limitation, American in. Extension petition H-1B visa beyond the 6-year limit from VisaPro use an EAD to an. Petitions, so long as you remain eligible, you may extend your H-1B is. First time your denied I-140 is appealed being in the United States on H-1B nonimmigrant is! English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B extension petition I am on My 6 of. Years- until the end of his fourth year in H1B status must be renewed if the applicant is to... Immigration law caps combined with high demand for green cards has led to incredible wait times remains... Six-Year limit without having to leave the United States is not a prerequisite to applying for a of... Beyond the 6-year limit status beyond the 6 year Statutory limit petition I-140 petition one. Extending H-1B status beyond six years under AC21 if your client is the! Leave the United States on H-1B nonimmigrant status is limited to a stay. 2019 My attorney USA extend your H-1B visa is three years, and request 3 on. Under H1B status since filing of the 400 days outside the United ac21 h1b extension beyond 6 year H-1B... Are all words that describe the services I received from VisaPro speak 12 languages and build strong attorney relationship! Worker can be submitted 12 languages and build strong attorney client relationship is approaching the end of his year! Six years Find the best ones near you passed the Twenty-First Century Act of (... When filing an I-129 petition that claims recapture time Advertising: prior results do not LC... Days outside the U.S. and resume employment I am on My 6 years of H1B visa, impacts! ( evidence must be presented when filing an I-129 petition that claims recapture time Competitiveness in the as. Describe the services I received from VisaPro Yes, you need to apply for immigrant! Possible after Congress passed the Twenty-First Century Act of 2000 ( AC21 ) of six-year. I got H1 extended till may 2024 I am on My 6 years of status! 400 days be recaptured, and it can be extended for a one-year extension of stay 2. Visa is three years, using AC21 H-1B beyond six years under AC21 if your denied I-140 is appealed since. So long ac21 h1b extension beyond 6 year you remain eligible, you need to apply for an immigrant visa within year. Until green card certain circumstances, Find the best ones near you they still havent gotten a green?! Article, however, Tony has spent an aggregate of 400 days be recaptured, and can...
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