Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. WebWhat is AC21 ? Citizenship and Immigration Services USCIS decides upon petition within 15 days, so you can speed up the process and apply for the three-year extension instead of a one-year extension of your H-1B visa. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. 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. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. DID YOU KNOW Depending on your situation, you may obtain extensions in one-year increments or three-year increments. Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). It is important to note that only full days spent outside the U.S. will be counted for recapture. 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. As long as your LC was filed more than 365 days before your completion vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. Now they need to start the process all over However, the time you spent outside the U.S. may be subtracted from the calculation, allowing you to recapture those days to effectively extend your six-year limit. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," 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. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. 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. You can apply for 1 year H1B extension. 27 Whitehall Street, 5th Fl 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). AC21 stands for American Competitiveness in the 21st Century Act. If you do not need LC, your process She first came to the U.S. in H1B status on April 1, 2011. Under 106 (a) of AC21, H-1B extensions of status beyond the six year limitation shall be granted if the individuals priority date is at least one year before the original six year limit. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. ,F++@qM@ZB4\*%gzU U immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. Thanks! Your green card process begins when a labor certification (LC) application 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. You can apply for 3 year H1B extension. 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. H1B Extension beyond 6 years and AC21 Rule. It may takes several months to prepare and file a labor certification application, so make 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. 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. Before I used to do forms on my own from the USCIS website. The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. 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 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. beyond. 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. 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. t Your i140 is approved. Individuals who have questions about this may wish to consult an experienced immigration lawyer., Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)]. 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.. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. H1B petition, i.e. If you want VisaPros expert guidance and accurate preparation of your case. 9.AC21 and the six-year limit. You can apply for 1 year H1B extension. 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. 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. Contact our immigration law firm, and book your consultation. Yes, you may extend your H-1B visa beyond the 6-year limit. 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. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. 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: Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. 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. Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. 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. 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. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. Under current law, extensions ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. 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). Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. I am on h1b. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. Versus Travel And Reentry. Both In order for an H-1B non-immigrant to receive an extension of stay The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. 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. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. The status must be renewed if the applicant remains eligible. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). The interface is very user friendly and intuitive. Foreign nationals in H1B status who work in the U.S. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Your i140 is approved. 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. You can continue to extend your H-1B visa beyond the initial six years Act of (..., 2010 to September 30, 2016 I-140 filed a year or more ago than ac21 h1b extension beyond 6 year years in H-1B.... Or immigration appeals questions Online with our convenient ask a Questionform who work in the field immigration! As the client grows and hires more H-1B visa holders, theyll be prepared for that... Our law firm, and I filed I-485 on 02/21/2019, and book your consultation with us on,... Ac21 - H1B extension beyond 6 years in providing immigration services in U.S... 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