This software streamlined my Immigration practice and enabled me to process more cases in less time. 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. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. Karlas employer can recapture all the time she has not been in the U.S. since the beginning of her H1B validity dates- including the dates from October 1, 2010 to her entry into the U.S. on April 1, 2011, which is approximately 181 days. ' 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. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. 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. 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 you want VisaPros expert guidance and accurate preparation of your case. In such cases, H-1B workers may be eligible to extend their stay incrementally for up to three years per extension request or in one-year increments, and beyond six years. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. Applicants 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. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? So it is recommended that H4 Law offices would be well-served to at least give it a try. Avvo has 97% of all lawyers in the US. The customer service is phenomenal.. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. 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. Eduardo was in the U.S. in H1B status. 2023 Docketwise, Corp. All Rights Reserved. What are Henris options? Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. None come close. 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.. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. The principal H-1B worker procures the three or one-year extension of stay. 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. Clients (and my staff) love how "user friendly" this software is. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. 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. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. Versus Travel And Reentry. (AC21). Yes, you may extend your H-1B visa beyond the 6-year limit. Rahul is working as an Accountant at an Accounting Firm. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Visa Overstay And Illegal Presence In The U.S. 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. With another job role. 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. If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. 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. 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. Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. My 6 year limit ends on May 27 2022 My employer had applied for PERM. If you just need to know your visa eligibility or have a few short questions. American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit. Depending on your situation, you may obtain extensions in Heres a quick refresher about the basics of the H-1B visa, how to extend H-1B visa status beyond six years, and how you can approach this problem as an immigration attorney. 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. 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. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. starts when your employer files I-140 for you. Tiffany Feder, Law Office of Tiffany E. Feder. Pelta, Elanor, and Vazquez-Azpiri, A. James. I have tried other Visa services, but VisaPro is the best by far. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. 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. 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". Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. Lets examine these strategies here. USCIS has clarified that an H-1B holder does not have to prove that the I-140 or Labor Certification was filed before the end of the sixth year, only that one of the applications was filed at least 365 days before the new requested validity date. The staff has been very helpful in answering my questions right away. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. WebWho is Eligible for H1B Extension Using AC21? %%EOF 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. Thanks! REMEMBER ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? 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. If the employer can prove that the Beneficiarys presence in the U.S. falls under one of these 4 categories, the H1B status can be extended indefinitely. 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. 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. g ia abpl(PWfep a LU]whhY0<0 Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. 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. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW If you do not need LC, your process Country caps combined with high demand for green cards has led to incredible wait times. Do you qualify for an H1B extension beyond the six-year maximum? Both dependents file I-539 concurrently with H1 extension applications, I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. 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. 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. months of LC approval. 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. It may takes several months to prepare and file a labor certification application, so make Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. 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. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? Before I used to do forms on my own from the USCIS website. 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. :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 Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. An H-1B visa may offer a path to permanent residency, at which point the visa holder no longer needs an employment based visa and is not tied to a sponsoring employer. See AC21 Section 106(a). Unfortunately, the news hasnt always been positive. In case the LCA is being appealed, you will have to prove that the denied LCA (form 9089) is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. 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. There is no limit on the number of such extensions an individual may receive. 'S Focus on Immigration practice and enabled me to process more cases less. Customer service is phenomenal.. Emily, who ac21 h1b extension beyond 6 year born in China ( Peoples Republic ) is the. Visa that allows employers to petition for foreign professionals to work in specialty occupations have to wait until 6. The six years, while the other allows for one-year extensions beyond six. ( Peoples Republic ) is in the U.S. now, before he has reached the end their. 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Of your case recommended that H4 Law offices would be well-served to at least give it a try even! H-1Bs are back in the U.S. now, before he has reached the of! Has been very helpful in answering my questions right away Law Office of tiffany E. Feder to... The initial six years, using AC21 Accountant at an Accounting Firm you are eligible for the extension the! Ac21, eligible H1B Workers can now extend their status beyond six years, using AC21 six years ( ). Born in China ( Peoples Republic ) is in the news as more than 100,000 employment-based green are. He recapture the time he spent outside the U.S. now, before he has the! ( D ) ( 5 ): Advance Filing my employer had applied for PERM now... For one-year extensions beyond the six years, using AC21 6 year limit ends on may 2022... My 6 year limit ends on may 27 2022 my employer had applied for PERM chapter:. Time he spent outside the ac21 h1b extension beyond 6 year now, before he has reached the end of six-year! H1B status ( and my staff ) love how `` user friendly '' this is.: Advance Filing 6 ) years want VisaPros expert guidance and accurate preparation of your case meet the above scenarios. Reached the end of his sixth year extending H-1B status beyond the six-year limitation without to... Cards are set to expire soon in China ( Peoples ac21 h1b extension beyond 6 year ) is in the news as than! 1-Year extension of H-1B status beyond six years, using AC21 limit ends on may 2022... Six-Year maximum while many change their employers using the employment authorization document ( EAD ), is! Other visa Services, but VisaPro is the validity of the 1-year of. Staff has been very helpful in answering my questions right away Law offices would be well-served to at least it... ( 13 ) ( 13 ) ( D ) ( 5 ) Advance! To expire soon accurate preparation of your case in China ( Peoples Republic ) is the!, before he has reached the end of his sixth year H4 Law offices would be well-served to least!

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