Washington, D.C.: ALIA Publications, 2009. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. WebAC21 Extension in Three Year Increments AC 21 106(c) An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments. WebUSCIS Clarifies Position on AC21 H-1B Extensions. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? WebWhat is AC21 ? vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). 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. Lets examine these strategies here. One-Year H1B Extension Rule 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. 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. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. 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. 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. 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. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. I like that Docketwise is so easy to maneuver and use. 1184(g)(4)), any alien who--, (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and. Related : US Immigration Terms with Explanation Before I used to do forms on my own from the USCIS website. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. Yes, you may extend your H-1B visa beyond the 6-year limit. The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number. 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." 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. J-1 Student Hardship Employment Permission, Transferring From Temple To Another School, Temple Center for American Language and Culture, Change Of Status in The U.S. vs. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. WebOn December 30, 2017, McClatchy DC Bureau reported that the Trump Administration was considering a draft memorandum that would reinterpret the language of AC21 [see category] to stop granting extensions of stay beyond the 6-year limit for H1B visa-holders with pending immigrant visa petitions. Moreover, we speak 12 languages and build strong attorney client relationship! 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. they can start working for the new employer upon filing of the new 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. A three-year extension may be granted by USCIS where the I-140 has been approved but the H-1B visa holders priority date isnt current due to per-country limits. What Are The Consequences Of A Reinstatement Denial? 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. 0 WebOne-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 Foreign nationals in H1B status who work in the U.S. You file your I-485 application for adjustment of status within one year when your priority date became current. Do I have to use an EAD to use AC21? 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. 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. 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. Partial days spent in the U.S. count against the six years. 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. The interface is very user friendly and intuitive. 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. Redirecting now to schedule your demo. 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. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. If Henri has at least 6 months of recapture time, the employer can request that USCIS allow Henri to recapture the 6 months he was outside the U.S. until 04/01/2015. 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. 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. Law offices would be well-served to at least give it a try. 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. 2. In general, only H-1B visa holders whose employers have started the green card process for them may be eligible to extend their H-1B visa beyond the six years. Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. To be able to extend your H-1B status beyond the six-year limit and lawfully remain in the U.S. beyond six years (after expiration date in sixth year) without leaving the country, you must be on the way to an immigrant benefit or adjustment of your nonimmigrant status to lawful permanent resident 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. 3625 0 obj <>stream WebExtending H1B Status Beyond the 6 Year Statutory Limit. 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. Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. 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. 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. to avoid accidentally falling out of status. 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. Those extensions can be granted in increments of up to three years. My 6 year limit ends on May 27 2022 My employer had applied for PERM. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. Note that the burden of proof rests on the H-1B applicant. 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). Now they need to start the process all over If you want VisaPros expert guidance and accurate preparation of your case. 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. 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. Languages and build strong attorney client relationship ] 104 ( c ) and (... Corroborates the time spent outside the United States must be presented when filing an petition... Because of AC21 act would ac21 h1b extension beyond 6 year well-served to at least give it a try 2022 my employer had applied PERM! 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