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. 3625 0 obj <>stream 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. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. Contact our immigration law firm, and book your consultation. Henri is in the U.S. working pursuant to H1B status. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. 2. 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. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. Pelta, Elanor, and Vazquez-Azpiri, A. James. =Px(Y(vpdQyTk extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). In these cases, the applicants sometimes leave the United States before the expiration of their H-1B visa to preserve the remainder of their H-1B status while abroad. After employer started the Green Card Process, depending on the processing stage ( PERM, I-140, I-485), you are eligible to apply for 1 year or 3 years H-1B extension. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. Transfer Your SEVIS record from Temple University, Reinstatement vs Traveling to Regain Status, Study while on Optional Practical Training, Travel While On Optional Practical Training, F-1 internships with an International Organization. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act ( AC21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals: An application for extension of stay under the AC21 provisions will, like a regular application for extension of stay, benefit from the "240-day rule". The content of myattorneyusa.comis copyrighted. In the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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. Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. 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. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. 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. As a general principle, days spent outside of the United States during the validity period of an H-1B petition will not be counted toward the 6-year maximum period of stay in the United States in H-1B status. Your PERM petition (labor certification application) or I-140 petition have been filed at least 365 days before you reached your six-year limit of H-1B time, and. ALIA's FocusSer. 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. I got H1 extended till May 2024. Eduardo was in the U.S. in H1B status. Under AC21 Section 106 (a), extensions beyond the six-year limit can be obtained in one My 6 year limit ends on May 27 2022 My employer had applied for PERM. Avvo has 97% of all lawyers in the US. I have tried other Visa services, but VisaPro is the best by far. WebSome H-1B holders who have had a Labor Certification Application LCA pending for more than one year may be able to extend their H-1B visa beyond the 6-year limit. Versus Travel And Reentry. 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. Once the I-140 is approved, the employer can file an H1B petition and request a 3-year extension of Eduardos H1B as his priority date will most likely still be retrogressed because he is a national of the Philippines. < 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 . WebWhat is AC21 ? So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. of the second H1B petition. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Now my employer is applying my Perm again. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). As long as your LC was filed more than 365 days before your completion 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. remember that H4 status is not automatically extended when the primary Rahul is working as an Accountant at an Accounting Firm. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? All rights reserved. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X WebH1B 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 b. the Labor Good News: About 97,000 H4 visa holders can apply for EAD. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. 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. 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. Now they need to start the process all over WebWho is Eligible for H1B Extension Using AC21? Actually it is very important to Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? Yes, you may extend your H-1B visa beyond the 6-year limit. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. 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. 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. 1184(g)(4)), any alien who Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. is filed on your behalf. (AC21). WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. If you are outside the U.S., you need to apply for an immigrant visa within one year. 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.. 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. Note that the burden of proof rests on the H-1B applicant. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. H1B petition, i.e. Lets examine these strategies here. To have been eligible to apply adjustment of status application but immigrant visa number is not available. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. 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. 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. WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B 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. 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). Transitioning from H-1B to a green card still involves the visa holders employer, and one or more extensions might be needed while the permanent resident application is pending approval. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. If you want VisaPros expert guidance and accurate preparation of your case. 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. 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. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. to avoid accidentally falling out of status. 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, *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$A28$0q@yR=mzy#YtfMF=oo{SM7uo7Sx!F0|\dipSs..]2[. u|N1NER0{,ehtnGymt_,OGdUyDyTm$Mw[-IlU8%Nh/d?4HS8_3y:u@>0K _\|\"MiHfYBqa_Ld6,'9Je1xHr"aJ7+""i} !4r.$9'Ji4~]?vQTA;TiFO^=^Z"&'0a 4DE 4x(m1UTh1:d 9^ 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. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. 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. 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! So it is recommended that H4 Can I Have an H-1B Extension After 6 Years? Another benefit of AC21 for H1B workers is that in case of "H1B transfer," They were very helpful in all phases of the H-1B visa process and they got it right the first time. After such period, you can apply for additional three years, making it a six-year maximum, but in increments of no more than three years at any one time. 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). 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. An example of data being processed may be a unique identifier stored in a cookie. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. 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. months of LC approval. 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). Since the employer can request up to 3 years on a single H1B petition, the employer can request one year of recapture time for Tony in addition to the 2 years remaining. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. 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. In order for an H-1B non-immigrant to receive an extension of stay 3563 0 obj <> endobj H4 status beyond the 6-year limit. Henri and his employer should first determine if Henri has any recapture time. Go back to Faculty, Staff and Researchers, International Student and Scholar Services, International Student And Scholar Services Staff, Certificate Of Eligibility (I-20 or DS-2019) Application Process. The applicant is required to file an approved EB immigrant petition I-140 petition in one of the first three employment-based visa priority categories. 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. 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. I am on h1b. You Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. Do I have to use an EAD to use AC21? 17. 1184(g)(4)), any alien who dependents file I-539 concurrently with H1 extension applications, Your green card process begins when a labor certification (LC) application endstream endobj 3567 0 obj <>stream (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. dates attached, and will become invalid if I-140 is not filed within six 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 It may takes several months to prepare and file a labor certification application, so make Some of our partners may process your data as a part of their legitimate business interest without asking for consent. /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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. The H-1B visa is likely the best known visa program in the US. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. It is important to note that only full days spent outside the U.S. will be counted for recapture. This provision allows certain employment-based adjustment of status applicants (EB-1, EB-2, EB-3) who experience delays in the employment-based adjustment of the status process flexibility to accept the new offer. You can apply for 1 year H1B extension. Under current law, extensions May file for an H-1B extension beyond 6 years within 6 months of the requested start date. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. Washington, D.C.: ALIA Publications, 2009. DID YOU KNOW What Are The Consequences Of A Reinstatement Denial? What are Henris options? Foreign nationals in H1B status who work in the U.S. REMEMBER The interface is very user friendly and intuitive. Both So, what can you do when an H-1B visa holder is reaching their six-year limit? Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV 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). He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). 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. Attorney Advertising: prior results do not guarantee similaroutcomes. 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 coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? |All Rights Reserved|, The Labor Condition Petition (LCA) for H-1B Workers, H-4 Visa Status for Dependents of H-1B workers, Changing Jobs in Midstream: H-1B Portability, The H-1B to Green Card Transition Through PERM Labor Certification, H-1B for Entrepreneurs and Startups (Self-Sponsorship), What You Need to Know About H2B Visa Recruitment Agencies, Analyst from India Receives H-1B Approval, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial, To have an approved Immigrant Petition for Alien Worker Form I-140 petition for one of the employment based preference petition: The EB-1 (priority worker), EB-2 (professional with an advanced degree or person with exceptional ability), or EB-3 (highly skilled or experienced worker) preference categories, To be otherwise eligible for adjustment of status from H-1B worker to employment-based visa in one of the three mentioned preference categories, but the per-country limits or worldwide cap on employment-based immigrant visas (check Visa Bulletin. 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. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. However, under the American Competitiveness in the Twenty-First Century Act (AC21), some H-1B holders are permitted to extend their status beyond six years. 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 exceeding 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. Redirecting now to schedule your demo. 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. 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.

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