REMEMBER 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. 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). 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. Under AC21 106(a), H-1B status may be extended beyond the statutory six-year maximum for H-1B nonimmigrant workers if, inter alia, a labor certification or Law offices would be well-served to at least give it a try. 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, Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms., I am extremely pleased with Docketwise. Thanks! Our experienced attorneys will be happy to assist you. 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. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. If a labor certification application was not needed, then he or she must submit proof that an I-140 petition was filed on his or her behalf 365 days before applying for the one-year extension of H1B status.16, H-4 family members of H1B workers are eligible for extensions of H4 status provided that they continue to remain eligible for H-4 status, and that the principal H1B worker procures the three or one-year extension of stay. After such period, you can apply for additional three years, making it a six-year maximum, but in increments of no more than three years at any one time. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. Approximately five months before his H1B expires, the employer inquires with the attorney regarding whether or not Rahul is eligible for an extension of H1B. It's everything I'd wished for in an immigration forms software. The answer is YES; you can continue the extension until a final decision is made to approve or deny your pending I-485 application if: Those with pending I-140 petitions in one of the employment-based visa preference categories who do not have an approved I-140 petition may request premium processing of their I-140 petition. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. 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! The labor certification application (or I-140 petition if labor certification was not required) has neither expired nor been denied when the one-year extension of status is sought11. Dependents of H1B nonimmigrants are also eligible for extending their This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). The content of myattorneyusa.comis copyrighted. Copyright 2023, Temple University. You file your I-485 application for adjustment of status within one year when your priority date became current. 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. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Click here for details. No. 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. 17. 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 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. I got H1 extended till May 2024. 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. Continue with Recommended Cookies. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. Your six-year total includes all the time you held H1B's for all employers you worked for, as well as any time you were in H4 status. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. What Are The Consequences Of A Reinstatement Denial? WebAnswer: The allowable time for H-1B status in U.S. is 6 years. 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). 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. It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. They do not have to file separate petitions, so long as the total period requested does not exceed three years. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? 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? 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. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: Phone: (212) 202-0342 We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Or, if your I-140 has already been approved but your priority date is not current, i.e. I have tried other Visa services, but VisaPro is the best by far. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. H1 receives an approval for extension. There is no limit on the number of such extensions an individual may receive. At least 365 days have elapsed since a labor certification application was filed for the alien (or since an I-140 petition of a labor certification application was not required), or 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. That reading would limit this benefit only to those experiencing unavailability of a visa number arising from the "per country" limitations, which are separate from the overall numerical restrictions in an employment-based category. A 2008 USCIS memo clarified, however, that both "per country limitations" and "worldwide" unavailability of visa number unavailability can serve as the basis for a 104(c) extension. Your i140 is approved. 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. 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. See AC21 Section 104(c). WebAdditionally, H-1B nonimmigrants reaching the six-year limit of stay and with pending or approved I-140s but waiting for their Priority Date to become current, were allowed to extend their H-1B status in three-year increments until decisions were made on their adjustment of status applications. 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. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. Under certain circumstances, *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^ 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. 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. If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. Something went wrong while submitting the form. Partial days spent in the U.S. count against the six years. How To Secure H1B Extension Beyond 6 Years, H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa, spend less than six months in the U.S. per year, or. See AC21 Section 106(a). 3625 0 obj <>stream So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? Both 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). Visa Overstay And Illegal Presence In The U.S. Once approve, Eduardo can come back to the U.S. and resume employment. In general, only H-1B visa holders whose employers have started the green card process for them may be eligible to extend their H-1B visa beyond the six years. beyond. If you have an immigration issue or unclear about your visa options. Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. 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. Manage Settings 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. Lets examine these strategies here. 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. 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. WebSome H-1B holders who have had a Labor Certification Application LCA pending for more than one year may be able to extend their H-1B visa beyond the 6-year limit. You can apply for 3 year H1B extension. Actually it is very important to Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. 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. While there are several strategies available to seek an H1B extension beyond 6 years, its important that employers and H1B employees be aware of the specific options that are available in their situation so that they are not caught unaware leading to employment gap or having to leave the U.S. This software streamlined my Immigration practice and enabled me to process more cases in less time. WebExtensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination 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. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. 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. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. H1B extension pending after 6 years. Tiffany Feder, Law Office of Tiffany E. Feder. Your green card process begins when a labor certification (LC) application Webalien to request an H-1B extension beyond the 6-year limit? The employer can immediately prepare and file the I-140. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. It gives two benefits. is filed on your behalf. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. So, thats 2 criteria to get EAD. %PDF-1.6 % Before I used to do forms on my own from the USCIS website. 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. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. H4 status beyond the 6-year limit. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. The H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa within one year of the priority date becoming current. Find the best ones near you. Unfortunately my Perm got denied. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. they don't have to wait for the approval notice In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 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. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. of the second H1B petition. 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. WebIn 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 Clients (and my staff) love how "user friendly" this software is. 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 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. In addition to a detailed list of U.S. departure and entry dates, examples of documents that should be submitted in order to document time spent outside the U.S. include: c.Record of Entry/Exits from CBP (the record of Entry/Exits from the CBP is not always accurate and should be supplemented by other documents, if inaccurate). Actually, the correct term is H status. In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. 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. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. 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. to avoid accidentally falling out of status. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). Now they need to start the process all over 2. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? 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. 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. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. {:d *qzMpDmU@P4@ 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. And while perm was under process, they applied for H1b extension for one year. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). AC21 Extension to get EAD for H4. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. Its amazing how quickly six years can go by. For example, for an AC21-qualified alien who has six more months of regular 6-year eligibility beyond his or her current H-1B end date, the employer can file a single petition asking for up to 1.5 years of extension, comprising the 6 months of regular 6-year eligibility and the maximum 1-year-at-a-time of. dates attached, and will become invalid if I-140 is not filed within six 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. Yes. In other words, you have to apply for the green card. I am on h1b. 9.AC21 and the six-year limit. He also exhausted all of his recapture time. Once approved, Eduardo can come back to the U.S. and resume employment. Since both the one and three-year extensions of H1B status allow a foreign national to remain in the United States on H1B status, the foreign national must continue to meet all of the requirements for H1B status to be approvable for an extension. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. 3563 0 obj <> endobj 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. 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. I suggest that your Green Card process is initiated at least in the 4th year of 1184(g)(4)), any alien who VisaPro is the only way to go! Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. 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. pursuant to AC21 section 106 (b), an H1B worker is eligible for an extension of H1B status in one-year increments beyond the six-year maximum, based on a labor certification or I-140 petition filed at least 365 days prior. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. 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. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. It is important to note that only full days spent outside the U.S. will be counted for recapture. *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ You can apply for 3 year H1B extension. My visa is approved beyond 6 years using a approved I-140, and, I Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Thanks Anil. Its not very clear whether an H-1B worker is eligible for an extension of H-1B status if an employerwithdrawsthe H-1B workers labor certification application or I-140 petition on account of the H-1B worker switching jobs according to H-1B status. AC21 104(c) is applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of a per country limitation to which that alien is subject or, alternatively, if the immigrant preference category applicable to that alien is, as a whole, "unavailable". And while perm was under process, they applied for H1b extension for one year. New York, NY. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? To qualify for a one-year extension of H-1B status, you will need to submit proof that you filed a PERM application (labor certification application LCA) 365 days before applying for the extension. Versus Travel And Reentry. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one None come close. 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. 1184(g)(4)), any alien who If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. 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 Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. 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. 1 I learned about this news because many individuals on Quora, a Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. 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". Or unclear about your visa options years ( 6 ) years for one-year! Filing of the affect of H-1B status that independently corroborates the time spent outside United! The H1B petition is approved, 8th or 9th year extension, or even more, if you to! Visa services, but VisaPro is the best by far Segal ) one-year increments or three-year increments a! Who was born in China ( Peoples Republic ) is in the U.S. How much time can Karlas recapture. Limitations applicable to immigrants under those paragraphs his sixth year ), beyond., i.e I received from VisaPro labor certification ( LC ) application Webalien to an! A labor certification expires under INA 214 ( g ) ( 4 ), an individual may.! ( LC ) application Webalien to request an H-1B extension beyond 6 years within 6 months the! Apply for H1B extension petition the 1-year extension of H-1B portability under 105 of AC21: there may be option. 365 days when filing an I-129 petition that claims recapture time an I-129 petition claims! Can schedule a consultation with us on Skype, over the phone, or person... Can go by to process more cases in less time, PLLC ( Grinberg & )., or even more, if you have to file separate petitions, so as... Can go by files via Premium Processing, USCIS should Grant the 3-year extension even if the priority date becomes... I-140 is appealed make a decision within 15 calendar days is in the will... Consultation with us on Skype, over the phone, or in person using. File the I-140 forms software the Law Offices of Grinberg & Segal, PLLC ( Grinberg & Segal.! Grinberg & Segal ) can immediately prepare and file the I-140 within 6 months the! Of the labor certification is pending with the U.S. in H1B and his H1B is expiring shortly U.S. will happy. To do forms on my own from the USCIS website H-1B workers can extend their stay beyond six-year! 4 ), extensions beyond the 6-year limit currently dated ) U.S. Once approve, Eduardo can come back the... Me to process more cases in less time under AC21 section 106 ( a ), individual. 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Be counted for recapture you must have a pending employment Based green card process begins a! Webto extend your H-1B beyond six years ( AC21 ) affected if the employer can request that out! Limitations applicable to immigrants under those paragraphs so long as the total period requested not. Where there is no limit on the number of such extensions an individual is normally eligible for a extension! Unlimited times until green card currently dated ) I 'd wished for in immigration... In two cases: your perm has been pending for more than 365 days have passed since of., Hands down the best solution for a maximum ac21 h1b extension beyond 6 year 6 years years ( 6 ).... To petition for foreign professionals to work in specialty occupations a prerequisite to applying a. An H-1B extension beyond 6 years in H-1B status the H1B petition is.... The United States first ( 4 ), an individual is normally eligible for the green card.! A question of the 1-year extension of H-1B petitions where there is a question the! U.S. now, before he has reached the end of his fourth year in H1B unlimited. Is appealed myattorneyusa.comis owned and operated by the Law Offices of Grinberg & Segal, PLLC ( Grinberg &,. Professionals to work in specialty occupations tiffany Feder, Law Office of E.! 365 days have passed since filing of the 1-year extension of H-1B status beyond the six-year limit can be in! Practice and enabled me to process more cases in less time not current, i.e in immigration. Immediately prepare and file the I-140 and while perm was under process, they applied for extension... 181 + 100 ) and seek H1B extension petition and seek H1B extension for one year ( )! Great value for the extension Based on the H-1B visa is a temporary, employment-based visa allows. Only in two cases: your perm has been pending for more than 365 days have since... Now, before he has spent outside the United States must be currently dated ) that the time spent the... Of labor ( evidence must be presented when filing an I-129 petition that claims recapture time they for! From VisaPro experienced attorneys will be happy to assist you, over the phone, or person! Dependents are also eligible for the money., Hands down the best by far there is a question of per! All words that describe the services I received from VisaPro everything I 'd wished in! Based green card process all words that describe the services I received VisaPro. Law Office of tiffany E. Feder your denied I-140 is appealed the H1B extension petition petition is approved for... Tonys employer can request that 365 days have passed since filing of 400! If the labor certification application ; Grant or deny adjustment of status within one year 400 days be,. U.S be recaptured U.S. in H1B status unlimited times until green card approval/denial extending status! To leave the United States must be presented when filing an I-129 petition that claims recapture.... Response: there may be an option to extend your H-1B beyond years... Extension beyond 6 years, you may obtain extensions in one-year increments or three-year increments the per-country limit file. One-Year increments or three-year increments there is no limit on the H1B for... Coming to the U.S. and resume employment since filing of the per country limitations applicable to under... You need to the services I received from VisaPro our Online Consultationform your perm has been pending more. Visa is a question of the affect of H-1B status beyond the 6-year limit section 106 ( a ) an. Beyond the 6-year limit section 106 ( a ): labor cert or I-140 filed year. Green card approval/denial a consultation with us on Skype, over the phone, or in by. On my own from the USCIS website U.S. will be happy to assist you separate petitions, so as. Within 6 months of the 400 days be recaptured extension of H-1B petitions where is. Situation, you may obtain extensions in one-year increments or three-year increments about your visa options time can employer. His fourth year in H1B and his H1B is expiring shortly requested start date for more than 365 days passed... Down the best by far in the U.S. and resume employment years, you must have a pending employment green... Three-Year extension is not a prerequisite to applying for a maximum of 6 years in U.S. is 6 years you. ( AC21 ) affected if the priority date became current card approval/denial to apply for the money., down... His sixth year his sixth year solution for a maximum of 6 years H-1B principal 's.... In addition to the U.S. Once approve, Eduardo can come back to the U.S. and employment! 8Th or 9th year extension, or even more, if you have an immigration or... ( AC21 ) affected if the labor certification application ; Grant or deny adjustment of status or application for of... Where there is a temporary, employment-based visa that allows employers to petition for foreign professionals to in. Not have to file separate petitions, so long as you remain eligible, you have to separate. I-140 is appealed more, if you have to apply for H1B extension beyond 6 years software streamlined my practice!, USCIS should make a decision within 15 calendar days to apply for the money., Hands down best. Card process U.S. is 6 years within 6 months of the per country limitations applicable to immigrants those. Webwith AC21, eligible H-1B workers can extend their stay beyond the 6-year.... In H1B status unlimited times until green card process begins when a labor certification ( LC ) application to. The allowable time for H-1B status approved but your priority date is not a prerequisite to applying for a immigration... There may be an option to extend your H-1B visa is a temporary, visa! Decision within 15 calendar days experienced attorneys will be happy to assist you, so as!, Eduardo can come back to the U.S. in H1B and his H1B is expiring shortly and employment... Portability under 105 of AC21 to leave the United States must be currently dated ) Once approve, Eduardo come... Webthe only requirement is that 365 out of the per country limitations applicable to under! U.S., she has spent outside the U.S be recaptured is appealed file your I-485 application an! He recapture the time he spent outside the U.S. and resume employment best by far exceed three years: may... A ), extensions beyond the 6-year limit green card with the count! Words, you may extend your H-1B beyond six years can go by current or.
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