AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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. of six years in H status, you are eligible for 7th-year-extension and Law offices would be well-served to at least give it a try. You can apply for 1 year H1B extension. 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 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. Unfortunately, the news hasnt always been positive. HWr}W#ybfTQ+eE'b*_Pt6R 1 I learned about this news because many individuals on Quora, a 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. And while perm was under process, they applied for H1b extension for one year. /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. 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 exceeding six years. Thanks Anil. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Country caps combined with high demand for green cards has led to incredible wait times. 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. 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. Under certain circumstances, 3563 0 obj
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Your i140 is approved. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. WebQuestion: my H1 expire on dec 25 2012, PERM filed on Apr 2012 got approved on June 2012 and I-140 denied in August 2012, any possibility for continuity on H1B for 7th year. Because in recent years over 250,000 petitions have been submitted for only 85,000 H-1B visas, USCIS uses a lottery system to determine which H-1B petitions are selected for processing.The lottery that takes place to select the new visa holders in the spring gets a lot of attention, and this year USCIS held two separate lotteries. Fax: (212)964-0440, Copyright 2019 My Attorney USA. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). VisaPro is the only way to go! 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 principal H-1B worker procures the three or one-year extension of stay. The H-1B visa is likely the best known visa program in the US. But keep in mind that a labor certificate now has expiration In other words, the H-1B allows the maximum period of staying for three years. H1B Extension beyond 6 years and AC21 Rule. 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. 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". Contact our immigration law firm, and book your consultation. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. Eligibility For Change Of Status Applying In The U.S. 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. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. 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). G . As long as your LC was filed more than 365 days before your completion 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 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. WebWhat is AC21 ? Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. Specifically, section 104(c) of AC21 authorized the extension of H-1B status beyond the statutory 6-year maximum for such individuals if immigrant visas are not immediately available to them because the relevant preference category is already over-subscribed for that foreign national's country of birth. So, what can you do when an H-1B visa holder is reaching their six-year limit? He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. The customer service is phenomenal.. 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. 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 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 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. Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients H-1B visas dont expire while they are waiting. 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. H-4, B-2, etc.). WebWho is Eligible for H1B Extension Using AC21? H4 status beyond the 6-year limit. 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. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. starts when your employer files I-140 for you. What Are The Consequences Of A Reinstatement Denial? So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? Section 104 (c) states that DHS may grant a three-year H-1B extension beyond the six-year maximum if the H-1B worker has (i) an approved employment-based immigrant visa petition (I-140 petition), and (ii) is eligible for lawful permanent resident status, but is unable to attain that status immediately due to per country limits on visa H1B VISAS FOR EMPLOYERS 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. You can apply for 3 year H1B extension. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Under American Competitiveness in the Twenty First Century Act of 2000AC21and the 21st Century Department of Justice Appropriations Authorization Act of 2001DOJ Act, if an H-1B employer can file one-year increments of H-1B extension after sixth year on H-1B and seek more than one extension. 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. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Find the best ones near you. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one With another job role. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. 2023 Docketwise, Corp. All Rights Reserved. The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. 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. 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