ac21 h1b extension beyond 6 year
See AC21 104(c). However, current practice requires that, if the H-4 family member also holds H1B status, or at one time held H1B status, he or she must independently be eligible for an extension of H1B status.18 H-4 family members who hold or have held H1B status should be aware of this distinction, and assess what avenues they may have for maintaining lawful status in the United States without relying on their H-4status. Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms., I am extremely pleased with Docketwise. It gives two benefits. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. WebWhat is AC21 ? The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. 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. 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. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. 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. 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). Now my employer is applying my Perm again. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). The labor certification application (or I-140 petition if labor certification was not required) has neither expired nor been denied when the one-year extension of status is sought11. See AC21 Section 104(c). 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. HWr}W#ybfTQ+eE'b*_Pt6R The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. Unfortunately my Perm got denied. 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". Manage Settings Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. ' All rights reserved. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. Both The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. 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)]. Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. Phone: (212) 202-0342 On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". %PDF-1.6 % 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. Actually it is very important to They do not have to file separate petitions, so long as the total period requested does not exceed three years. 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. She first came to the U.S. in H1B status on April 1, 2011. 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. H1 receives an approval for extension. to avoid accidentally falling out of status. Now my employer is applying my Perm again. I got H1 extended till May 2024. The staff has been very helpful in answering my questions right away. The H-1B visa is likely the best known visa program in the US. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one beyond. Dependents of H1B nonimmigrants are also eligible for extending their After the expiration of the six year period on H-1B status, alien workers must live outside the U.S. for at least one year before qualifying to obtain another H-1B visa. All RightsReserved, Introduction to Extensions of Stay for H1B Visa Workers beyond 6-YearLimit, Precondition to both One and Three-YearExtensions, Rules Regarding the Three-Year Extension of H1B Status beyond 6-year limit, One-Time Protection Under Per-CountryCeiling, Rules Regarding the One-Year Extension of H1B Status beyond 6-year limit, Special Provision in Cases of Lengthy Adjudication, Exemption fromLimitation, Rules for Associated H-4 Visa Holders of H1B Workers Applying forExtensions. If you do not need LC, your process extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. of the second H1B petition. This feature used by employment-based adjustment applicants considered to have ported the petition filed on their behalf to the new job offer is referred to as portability.. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. Her I-140 was just approved but she has been informed that she is unable to file for Adjustment of Status as her priority date (set by the Labor Certification filing date) is still not current, as she is a national of China. There is no AC-21 form, petition or 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. 2023 Docketwise, Corp. All Rights Reserved. Since 1990, Congress has limited the number of H-1Bs made available each year. 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. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. VisaPro is the only way to go! Do I have to use an EAD to use AC21? You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l =Px(Y(vpdQyTk You So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension. endstream endobj 3564 0 obj <>/Metadata 168 0 R/OCProperties<>/OCGs[3586 0 R 3587 0 R 3588 0 R 3589 0 R 3590 0 R 3591 0 R 3592 0 R 3593 0 R 3594 0 R 3595 0 R 3596 0 R 3597 0 R 3598 0 R 3599 0 R 3600 0 R 3601 0 R 3602 0 R 3603 0 R 3604 0 R]>>/PageLabels 3557 0 R/PageLayout/OneColumn/Pages 3559 0 R/PieceInfo<>>>/StructTreeRoot 280 0 R/Type/Catalog/ViewerPreferences<>>> endobj 3565 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/StructParents 45/Tabs/S/Type/Page>> endobj 3566 0 obj <>stream 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. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. I got H1 extended till May 2024. 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. 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 hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j Country caps combined with high demand for green cards has led to incredible wait times. 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 An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. 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. So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B 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.