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. I have tried other Visa services, but VisaPro is the best by far. 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 vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t|
p$2~? To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Since 1990, Congress has limited the number of H-1Bs made available each year. 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 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 %%EOF
Thanks! Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. This provision does not alter the requirement that the application for extensions of H-1B stay continue to be filed in a timely manner, i.e., before the expiration date on the alien's current I-94. Additionally, once Tonys H1B is about to expire again in 3 years, his employer can seek H1B extension beyond 6 years by requesting the remaining 35 days of recapture time in addition to any additional time he spends outside the U.S. Karla is in the U.S. in H1B status. 1184(g)(4)), any alien who 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. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the Your i140 is approved. 3625 0 obj
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The attorney informs the employer that Rahul is eligible for a 1 year H1B extension beyond 6 years based on the fact that the Labor Certification will have been filed at least 365 days before June 1, 2017, the beginning validity date of Rahuls 7th year. As long as your LC was filed more than 365 days before your completion After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. 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, thats 2 criteria to get EAD. 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. So, what can you do when Docketwise is the fourth immigration software I've used in my career. 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, AC21 stands for American Competitiveness in the 21st Century Act. If you want VisaPros expert guidance and accurate preparation of your case. 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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". Click here for more information. The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. b.the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B start date. Your i140 is approved. 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. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). 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 In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. =Px(Y(vpdQyTk Unfortunately my Perm got denied. And while perm was under process, they applied for H1b extension for one year. Once 365 days from the filing of the labor certification application LCA or I-140 petition have elapsed, they apply for an extension of H-1B visa along with a request to recapture time spent outside of the country while on H-1B status. 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. The employer can immediately prepare and file the I-140. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. You can apply for 1 year H1B extension. Moreover, we speak 12 languages and build strong attorney client relationship! 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". The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. 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. 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. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. What are Henris options? So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. But keep in mind that a labor certificate now has expiration 1184(g)(4)), any alien who DID YOU KNOW No matter whether you are applying for a one-year H-1B extension or a three-year extension of your H-1B status, you will get approval if you maintain the valid status and continue to meet all of the requirements for H-1B status to be approvable for an extension. 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. The consent submitted will only be used for data processing originating from this website. 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. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. 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. Unlike status granted under 106(a)-(b), which is limited to one year at a time, status under 104(c) may be granted for up to three years at a time. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 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. 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. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. 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. Applicants Tony is in the U.S. in H1B status. ALIA's FocusSer. Upon further research I believe i should be eligible for h1b If this information sounded complicated and you are not sure if you could do it all by your self, dont worry- you dont have to! This is an invaluable investment! For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act 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. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. See AC21 104(c). HWr}W#ybfTQ+eE'b*_Pt6R In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Henri is in the U.S. working pursuant to H1B status. These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. Under current law, extensions 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. My visa is approved beyond 6 years using a approved I-140, and, I is filed on your behalf. 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. to avoid accidentally falling out of status. Country caps combined with high demand for green cards has led to incredible wait times. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. 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. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k
L8&\(%\R#\i"SfavGH: Our experienced attorneys will be happy to assist you. WebUSCIS Clarifies Position on AC21 H-1B Extensions. 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. It's everything I'd wished for in an immigration forms software. 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. ' 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. 10004 DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. H1B Extension beyond 6 years and AC21 Rule. 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. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. 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. 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! You can apply for 3 year H1B extension. Now my employer is applying my Perm again. 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. Lets examine these strategies here. However, the only requirement of 365 day is not that straightforward for applicants who begin their adjustment of status process within 365 days of their H-1B visa expiration. See AC21 Section 106(a). One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Law offices would be well-served to at least give it a try. 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 Henris options include: H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is retrogressed. In order for an H-1B non-immigrant to receive an extension of stay 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. Eduardo was in the U.S. in H1B status.