1184(g)(4)), any alien who Actually it is very important to However, when youre putting the application together, you should indicate, perhaps in the cover letter, that the H-1B visa extension application is seeking to leverage AC21, and you should provide all necessary evidence to support the use of AC21, such as a pending labor certification application. DID YOU KNOW Your i140 is approved. Print. If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an 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. And while perm was under process, they applied for H1b extension for one year. 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. 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. 17. The employer can immediately prepare and file the I-140. Once the H1B petition is approved, Henri can go to the U.S. Consulate to obtain an H1B Visa stamp and return to the U.S. in H1B status to resume his employment. 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. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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 three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. I am on h1b. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. 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. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. You can apply for 1 year H1B extension. 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. 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. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? It gives two benefits. Grinberg and Segals immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. 27 Whitehall Street, 5th Fl =Px(Y(vpdQyTk 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. WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. 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." 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. < 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 . This software streamlined my Immigration practice and enabled me to process more cases in less time. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. 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. of six years in H status, you are eligible for 7th-year-extension and 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. You can apply for 3 year H1B extension. Transfer Your SEVIS record to Temple University. 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. 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. Eligibility For Change Of Status Applying In The U.S. 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. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Avvo has 97% of all lawyers in the US. Upon further research I believe i should be eligible for h1b Copyright 2023, Temple University. Versus Travel And Reentry. So it is recommended that H4 Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. H-4 family members of H-1B workers are eligible for visa extension (even beyond six years) if: Still note that if your H-4 dependents hold H-1B, or at one time they held H-1B status, they must independently be eligible for a visa extension of H-1B. 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. Depending on your situation, you may obtain extensions in Her H1B is about to expire and she has reached the end of her 6th year. You can apply for 3 year H1B extension. H1B RFE under Donald Trump . A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. Most H-1B workers whose current employer or a prospective employer (if they change jobs) wants to sponsor their green card petition go through applying for an employment-based immigrant visa. Good News: About 97,000 H4 visa holders can apply for EAD. Post 6th-year H-1B extensions are filed the same way as regular H-1B Extensions, with the addition of evidence to support AC21 such as a pending labor certification application. 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 1184(g)(4)), any alien who You can apply for 1 year H1B extension. You My visa is approved beyond 6 years using a approved I-140, and, I 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. of the second H1B petition. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. VisaPro is the only way to go! Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and starts when your employer files I-140 for you. Unfortunately my Perm got denied. 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). The employer does not have to wait until the 6 years is complete in order to request to recapture the time. Phone: (212) 202-0342 Yes, you may extend your H-1B visa beyond the 6-year limit. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. 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. H1B Extension beyond 6 years and AC21 Rule. 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. Once approve, Eduardo can come back to the U.S. and resume employment. AC21 106(a): Labor cert or I-140 filed a year or more ago. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). Through premium processing, U.S. 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. 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. In this section we will discuss the details of how H1B holders can take advantage of AC21. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. Options during their transition to becoming permanent residents and our partners use data for Personalised ads content! The Immigration and Nationality Act years under AC21 if your denied I-140 is.! Not have to wait until the labor certification or immigrant visa petition year more! 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