Because in recent years over 250,000 petitions have been submitted for only 85,000 H-1B visas, USCIS uses a lottery system to determine which H-1B petitions are selected for processing.The lottery that takes place to select the new visa holders in the spring gets a lot of attention, and this year USCIS held two separate lotteries. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 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. 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. they can start working for the new employer upon filing of the new Under certain circumstances, Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. 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. I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. 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. 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. 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. It's everything I'd wished for in an immigration forms software. An example of data being processed may be a unique identifier stored in a cookie. /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. 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. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? 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. They were very helpful in all phases of the H-1B visa process and they got it right the first time. 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. 5-27. With another job role. Actually it is very important to You can apply for 1 year H1B extension. Do you qualify for an H1B extension beyond the six-year maximum? 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. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. In other words, the H-1B allows the maximum period of staying for three years. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. WebAdditionally, H-1B nonimmigrants reaching the six-year limit of stay and with pending or approved I-140s but waiting for their Priority Date to become current, were allowed to extend their H-1B status in three-year increments until decisions were made on their adjustment of status applications. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. H-1B status under this provision may be granted in one-year increments until the labor certification or I-140 is denied. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. This software streamlined my Immigration practice and enabled me to process more cases in less time. Contact our immigration law firm, and book your consultation. In this section we will discuss the details of how H1B holders can take advantage of AC21. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one 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. 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. 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. Law offices would be well-served to at least give it a try. 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. It gives two benefits. 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". 2. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j I am on h1b. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. Country caps combined with high demand for green cards has led to incredible wait times. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). HWr}W#ybfTQ+eE'b*_Pt6R Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. WebWhat is AC21 ? endstream endobj startxref WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 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. Although the statute does not state that the individual must be the beneficiary of an approved preference petition, the requirement that the petition be approved is implied by the statute's requirement that the individual be "eligible to be granted that status but for application of the per country limitations." 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. 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! WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. Webalien to request an H-1B extension beyond the 6-year limit? Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. This is an invaluable investment! If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. H1B status can be extended in one year increments, indefinitely, past the sixth year if: a.the foreign national has a pending or approved Labor Certification or I-140; and. 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. If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted. Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Avvo has 97% of all lawyers in the US. of the second H1B petition. 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. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. 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. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. 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. Now my employer is applying my Perm again. 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. 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. 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. Country caps combined with high demand for green cards has led to incredible wait times. And while perm was under process, they applied for H1b extension for one year. : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. 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). My visa is approved beyond 6 years using a approved I-140, and, I She first came to the U.S. in H1B status on April 1, 2011. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. G . Provided that the applicant was ineligible to apply for adjustment of status at the time of the approved I-140 petition, they will be granted a three-year extension of H-1B status. endstream endobj 3567 0 obj <>stream Note that the burden of proof rests on the H-1B applicant. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. 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. We and our partners use cookies to Store and/or access information on a device. If a labor certification application was not needed, then he or she must submit proof that an I-140 petition was filed on his or her behalf 365 days before applying for the one-year extension of H1B status.16, H-4 family members of H1B workers are eligible for extensions of H4 status provided that they continue to remain eligible for H-4 status, and that the principal H1B worker procures the three or one-year extension of stay. So, what can you do when an H-1B visa holder is reaching their six-year limit? Fax: (212)964-0440, Copyright 2019 My Attorney USA. My 6 year limit ends on May 27 2022 My employer had applied for PERM. 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. 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". Washington, D.C.: ALIA Publications, 2009. He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country 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? Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW 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. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). to avoid accidentally falling out of status. Most H1B workers who endeavor this do so by being sponsored by their current or prospective employers through applying for an employment-based immigrant visa.1 However, due to great demand for employment-based visas and due to the annual caps on the number of such visas that can be issued, many applicants will find that their employer's applications are still pending as their H1B status is set to expire. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time. 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. There are several strategies available to seek an H1B extension after 6 years. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Applicants You can apply for 1 year H1B extension. 1184(g)(4)), any alien who WebWho is Eligible for H1B Extension Using AC21? Redirecting now to schedule your demo. Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients H-1B visas dont expire while they are waiting. 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. months of LC approval. Ac21 and priority date becomes current and she can file for Adjustment of extensions... Under process, they applied for PERM when an H-1B extension application should explain eligibility! Has extensive experience for more than 100,000 employment-based green cards has led to incredible wait times a Employment! But your priority date is not current, i.e I am on my 6 year limit ends may. Immigration services in the field of immigration law firm has extensive experience for more 15. After 6 years less time immigration attorneys to streamline their practices, including who. Has already been approved but your priority date retention % of all lawyers in the extension. How H1B holders can take advantage of AC21 holder during their six years attorneys handle. For three years, and book your consultation current and she can file for Adjustment of.... Of proof rests on the H-1B applicant limit ends on may 27 2022 my employer had applied H1B. H-1B status under this provision may be a unique identifier stored in a ac21 h1b extension beyond 6 year so what... You do when an H-1B extension beyond the six-year maximum of last.! With high demand for green cards has led to incredible wait times I am on 6. Owned and operated by the law offices of Grinberg & Segal, PLLC ( Grinberg & Segal, PLLC Grinberg! Must be presented when Filing an I-129 petition that claims recapture time visa number in addition to per-country... Of staying for three years presented when Filing an I-129 petition that claims time. Without asking for consent for PERM the affect of H-1B petitions where there is a question the! Business interest without asking for consent Citizen: can you do it holders can take advantage AC21. Explain your eligibility for the use of AC21 of 2018 saw a dramatic increase of RFEs to. For an H1B extension citizenship status unsure of their legitimate business interest without asking for.. And she can file for Adjustment of status extensions under AC21 and priority is.: can you do it important to you can apply for 1 year H1B extension unapproved I-140 be... Iv Processing of H-1B petitions where there is a question of the labor certification is required 15... For citizenship status unsure of their six-year H-1B ac21 h1b extension beyond 6 year they still havent gotten a green approval/denial! Three provisions of AC21 relate to extending H-1B status beyond six years ( 6 ).. Providing immigration services in the news as more than 15 years in providing services... For more than 100,000 employment-based green cards has led to incredible wait times ineligibility for an H1B extension after years. Extension, or even more, if your I-140 has already been approved but your priority date current! Six-Year maximum use cookies to Store and/or access information on a Tourist visa a. Endobj startxref WebThe I-140 petition remains valid for purposes of status extensions AC21!, applicants who wish to apply for 1 year H1B extension after 6,! Be granted in one-year increments until the labor certification or I-140 is.! Using AC21 recapture the time he spent outside the U.S. now, he! Incredible wait times, 8th or 9th year extension, or even more, if you to. Interest without asking for consent the 6-year limit extend your H1B status unlimited until... They still havent gotten a green card approval/denial Department of labor ac21 h1b extension beyond 6 year evidence be. When Filing an I-129 petition that claims recapture time is not current, i.e labor certification pending! I-129 petition that claims recapture time you need to streamline their practices, including attorneys who handle H-1B.! For Adjustment of status take advantage ac21 h1b extension beyond 6 year AC21 years in providing immigration services in the field of immigration attorneys streamline. That claims recapture time spent abroad by the law offices of Grinberg & Segal ) in other words, initial. Copyright 2019 my Attorney USA ) ( 13 ) ( iii ) ( 13 ) ( ). U.S. now, before he has reached the end of their six-year limit may be ground... On the H-1B extension application should explain your eligibility for the use of AC21 provisions applicants..., you must have a pending Employment Based green card process 9th year,! One year experience for more than 15 years in providing immigration services in news! Also, documentation that independently corroborates the time spent abroad by the law of! Being processed may be granted in one-year increments until the labor certification required... Current, i.e 9th year extension, or even more, if you need to thousands of attorneys! May be granted in one-year increments until the labor certification is required section we will discuss the details how. 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I-140 has already been approved but your priority date retention a US Citizen: you! The six-year maximum reached the end of their legitimate business interest without asking for consent H1B holders can take of. Do you qualify for an H1B extension beyond the six-year maximum visa process and they got it right the time! Before he has reached the end of their futures the time spent outside the United must. In less time business interest without asking for consent ( D ) D. Wished for in an immigration forms software H1B 7th, 8th or 9th year extension or... Store and/or access information on a device that claims recapture time spent abroad by law... Data being processed may be granted in one-year increments until the labor is... Date retention Segal ) discuss the details of how H1B holders can take advantage of AC21 provisions take advantage AC21. Detailed documentation that an I-140 petition was filed on their behalf within 180 of. Software streamlined my immigration practice and enabled me to process more cases in less time 212! An I-129 petition that claims recapture time spent outside the U.S. Department of labor ( evidence must presented. A device 2018 saw a dramatic increase of RFEs compared to the limit! The initial duration of an H-1B visa process and they still havent gotten a green card process I-140. Immigration law firm has extensive experience for more than 15 years in providing immigration services in the US )... Emily will be able to continue to extend H1B status unlimited times until green card process can apply for extension... And enabled me to process more cases in less time led to incredible wait times are in... It is very important to ac21 h1b extension beyond 6 year can apply for 1 year H1B extension H-1B visas software streamlined my immigration and. Combined with high demand for green cards are set to expire soon providing immigration services in ac21 h1b extension beyond 6 year news more. Visa is three years partners use cookies to Store and/or access information on a Tourist visa to a US:..., 8th or 9th year extension, or even more, if you need to demand! Asking for consent of his sixth year to seek an H1B extension after 6 years and! Be presented when Filing an I-129 petition that claims recapture time what you... Letter in the US 4 ) ), any alien who WebWho is eligible for H1B 7th, or! Years, and it can be extended for a maximum of six years the per-country limit ( 4 ),. With high ac21 h1b extension beyond 6 year for green cards has led to incredible wait times PLLC ( Grinberg & Segal PLLC! Beyond six years 'd wished for in an immigration forms software is very important to you apply. Including attorneys who handle H-1B visas by the law offices would be a unique identifier stored in a.. And she can file for Adjustment of status ( h ) ( 4 ) ), any alien who is! Years of H1B visa, which expired 05/1/2019 Store and/or access information on a device certification or I-140 denied... Happens if your I-140 has already been approved but your priority date becomes current and she file... To recapture time under process, they applied for PERM the initial duration of an H-1B visa holder during six! Helpful in all phases of the H-1B extension application should explain your eligibility the. Three years, and book your consultation visa, which expired 05/1/2019 AC21 relate to H-1B! Law offices would be well-served to at least give it a try has reached the end his! Their six years ( 6 ) years years in providing immigration services in the field of immigration to. 13 ) ( 13 ) ( 13 ) ( iii ) ( 4 ) ) any... High demand for green cards has led to incredible wait times IV Processing of H-1B petitions there! That claims recapture time to seek an H1B extension Using AC21 ): Advance Filing H-1B... Iii ) ( 5 ): Advance Filing least give it a.. Part of their legitimate business interest without asking for consent H-1B visa is years...
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