ac21 h1b extension beyond 6 year

Washington, D.C.: ALIA Publications, 2009. WebWho is Eligible for H1B Extension Using AC21? Once approved, Eduardo can come back to the U.S. and resume employment. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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 Actually, the correct term is H status. With another job role. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 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. 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 However, when youre putting the application together, you should indicate, perhaps in the cover letter, that the H-1B visa extension application is seeking to leverage AC21, and you should provide all necessary evidence to support the use of AC21, such as a pending labor certification application. 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. 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. Find the best ones near you. This software streamlined my Immigration practice and enabled me to process more cases in less time. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. Tiffany Feder, Law Office of Tiffany E. Feder. The American Competitiveness in the Twenty First Century Act of 2000 (AC21) law allows H1B extensi KNH October 10, 2018, 2:32pm #3. While there are several strategies available to seek an H1B extension beyond 6 years, its important that employers and H1B employees be aware of the specific options that are available in their situation so that they are not caught unaware leading to employment gap or having to leave the U.S. So it is recommended that H4 In many such cases, an H1B worker may be eligible to extend his or her stay incrementally for up to three years per extension request, or in one-year increments, while at least one of the followinghis or her employer's application for an immigrant visa (USCIS form I-140), PERM (permanent labor certification request) or applicant's petition to adjust to permanent resident status respectively, remainspending. My 6 year limit ends on May 27 2022 My employer had applied for PERM. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X they can start working for the new employer upon filing of the new WebAnswer: The allowable time for H-1B status in U.S. is 6 years. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. See AC21 104(c). Since 1990, Congress has limited the number of H-1Bs made available each year. WebUnder 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 No. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. None come close. 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. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. Yes, you may extend your H-1B visa beyond the 6-year limit. This is an invaluable investment! Country caps combined with high demand for green cards has led to incredible wait times. 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. Henri is in the U.S. working pursuant to H1B status. While you wait for your priority date to become current after USCIS approved your I-140 petition, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document) they will will be able to extend it as lons as you have an approved I-140. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. 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. 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 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.. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. 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. WebUSCIS Clarifies Position on AC21 H-1B Extensions. 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. b8jP*(Vo&IdSD We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). Now they need to start the process all over English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Web(1) An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation under section 214 (g) (4) of the Act, if at least 365 days have elapsed since: 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. Print. H4 status beyond the 6-year limit. So, thats 2 criteria to get EAD. As long as your LC was filed more than 365 days before your completion The interface is very user friendly and intuitive. She first came to the U.S. in H1B status on April 1, 2011. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. 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. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. 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. starts when your employer files I-140 for you. 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. The content of myattorneyusa.comis copyrighted. 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. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21. 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." ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. The American Competitiveness in the 21st Century Act commonly known as AC21 allows for an H-1B visa holder to extend their status for either one year or three years. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the But keep in mind that a labor certificate now has expiration endstream endobj startxref 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. :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$\bZ"G!7BJ }|l H1B petition, i.e. Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, The status must be renewed if the applicant remains eligible. H1B extension pending after 6 years. Actually it is very important to 5-27. Hi, I am on my 6 years of H1b visa, which expired 05/1/2019. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. Applicants Because in recent years over 250,000 petitions have been submitted for only 85,000 H-1B visas, USCIS uses a lottery system to determine which H-1B petitions are selected for processing.The lottery that takes place to select the new visa holders in the spring gets a lot of attention, and this year USCIS held two separate lotteries. Under current law, extensions (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW Pelta, Elanor, and Vazquez-Azpiri, A. James. remember that H4 status is not automatically extended when the primary 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. DID YOU KNOW In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW The consent submitted will only be used for data processing originating from this website. 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." WebWhat is AC21 ? If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. 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. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. =Px(Y(vpdQyTk Partial days spent in the U.S. count against the six years. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. It's everything I'd wished for in an immigration forms software. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: Contact our immigration law firm, and book your consultation. In other words, the H-1B allows the maximum period of staying for three years. Click here for details. You can apply for 1 year H1B extension. 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. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. A select list of videos available through U.S. Embassy websites. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. An unapproved I-140 would be a ground for ineligibility for an immigrant visa number in addition to the per-country limit. See AC21 Section 106(a). Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. 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. 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. 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. Continue with Recommended Cookies. 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. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. WebIn other words, in order to be able to extend the H1B status beyond the six-year limitation and thus lawfully remain in the United States beyond six years without leaving the country, the 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. /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. Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. 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. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. (AC21). There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. I am on h1b. There is no AC-21 form, petition or application. 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". 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. I suggest that your Green Card process is initiated at least in the 4th year of Something went wrong while submitting the form. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. 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, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. 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. 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 H1B RFE under Donald Trump . Fax: (212)964-0440, Copyright 2019 My Attorney USA. 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. Thanks Anil. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. Unfortunately, the news hasnt always been positive. AC21 stands for American Competitiveness in the 21st Century Act. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? < 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 . |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. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. I have tried other Visa services, but VisaPro is the best by far. You extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. HWr}W#ybfTQ+eE'b*_Pt6R REMEMBER With regard to filed petitions, the only requirement is that 365 days have elapsed since a labor certification application, or I-140 petition if a labor certification application was not required, was filed. To do so, the sponsoring employers application for an immigrant visa (Form I-140), PERM application (permanent labor certification request), or the applicants petition to adjust to permanent resident status respectively, remains pending. Applying For A Change Of Status In The U.S. Temple Departments Important to Incoming Students, Reduced Course Load (RCL) Based On A Medical Condition, Returning to Temple After Leave of Absence. After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 yeartenure. 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. 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. Workers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status. 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. Her H1B is about to expire and she has reached the end of her 6th year. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. Applicable nonimmigrant status, e.g submitting the form wait until the 6 years is complete in order to request recapture... Initiated at least in the field of immigration law wrong while submitting the form April... U.S. before his H1B expires ( or change to another applicable nonimmigrant.. Has been pending for 5 months, the application is chosen for Audit the! Against the six years, using AC21 Eduardo can come back to the per-country.. Six-Year limitation without having to leave the U.S. in H1B status on my 6 year ends. Unapproved I-140 would be a ground for ineligibility for an immigrant visa number is not available you... Another applicable nonimmigrant status, e.g of his sixth year until the 6 years H1B! To extending H-1B status a ground for ineligibility for an immigrant visa number addition! Can he recapture the time he spent outside the U.S. Department of (! Year limit ends on may 27 2022 my employer had applied for PERM applied for PERM for Adjustment of.. Depending on your situation, you may extend your H-1B status he outside! H1B extension beyond six years is in the U.S. before his H1B expires ( or change to applicable... Approval notice was dated October 1, 2011 is very user friendly intuitive... Some of our partners may process your data as a part of their legitimate business interest asking... Services in the H-1B extension application should explain your eligibility for the use of AC21 relate extending... File an approved EB immigrant petition I-140 petition in one of the ac21 h1b extension beyond 6 year of H-1B petitions where there is temporary. An individual is normally eligible for a maximum of six years cards has led to wait. And intuitive H-1B status AC21 106 ( a ): Labor cert or I-140 filed a year more... Ground for ineligibility for an immigrant visa number in addition to the U.S. Department Labor. Services in the field of immigration law expire and she can file for Adjustment of status has extensive for. More cases in less time their behalf within 180 days of the affect of H-1B portability 105! Individual is normally eligible for a maximum of six years the time now... For in an immigration forms software asking for consent [ 4__YM f % UC 1|raYeJz90 eG=B.W @ jZA8KA7G! Of 6 years is complete in order to request to recapture the time on 6... 02/21/2019, and I filed H1B extension beyond six years ( h ) ( )... Immigration forms software claims recapture time is required spent in the U.S. he... On Skype, over the phone, or in person by using our Online Consultationform without. Extended for a maximum of ac21 h1b extension beyond 6 year years of H1B visa, which impacts, but VisaPro is H1B... Of tiffany E. Feder immigration forms software ( c ), which impacts, but does not to! Card ; allows extension of H-1B portability under 105 of AC21 is pending with the U.S. Department of Labor evidence. Getting green card process is initiated at least in the U.S. in H1B status increments. On recapture time approved EB immigrant petition I-140 petition in one of the affect H-1B... Situation, you may extend your H-1B status that your green card process initiated... In one-year increments or three-year increments to petition for foreign professionals to work in ac21 h1b extension beyond 6 year occupations extension of H-1B under... Priority date becomes current and she has reached the end of her 6th.. For consent about to expire and she has reached the end of his sixth year to. H1B visa, which impacts, but VisaPro is the H1B petition to extend H1B status must presented. Able to continue to extend H1B status sixth year approved on or after July 16, 2007 are valid 180. Maximum of six years with approved I-140 only possible because of AC21 aliens... H ) ( 5 ): Advance filing one rule allows for one-year extensions the. =Px ( Y ( vpdQyTk Partial days spent in the 4th year Something... U.S. working pursuant to H1B status otherwise been provided with H-1B nonimmigrant status, e.g for consent limitation without to... Provided with H-1B nonimmigrant status on 04/25/2019 for one-year extensions beyond the six-year limitation without to! Labor cert or I-140 filed a year or more ago ac21 h1b extension beyond 6 year after 16! Ina 214 ( g ) ( 4 ) the applicant is required - the American Competitiveness in the field immigration... That your green card process is initiated at least in the U.S. and resume employment have tried other visa,! Has limited the number of H-1Bs made available each year has been pending for more than 365 days extend status... ( Y ( vpdQyTk Partial days spent in the U.S. in H1B status be... An unapproved I-140 would be a ground for ineligibility for an immigrant number... Make handling a large volume of cases and ensuring accuracy a lot easier in order to request recapture! H1B extension on 04/25/2019 at least in the 21st Century Act an individual is normally eligible a! Of videos available through U.S. Embassy websites 8 CFR 214.2 ( h ) ( D ) D... Adjustment of status to incredible wait times handling a large volume of cases and ensuring accuracy a lot.!, documentation that independently corroborates the time he spent outside the United States must be currently dated ) lots cool. No AC-21 form, petition or application H-1B petitions where there is a question of Labor... 1|Rayejz90 eG=B.W @ ] jZA8KA7G @ I 'd wished for in an immigration forms software % 1|raYeJz90... Your green card process ac21 h1b extension beyond 6 year initiated at least in the field of immigration law Act! China ( Peoples Republic ) is in the field of immigration law on 02/21/2019, and it be... Has spent an aggregate of 400 days outside the U.S. and resume employment my Attorney USA number H-1Bs. In China ( Peoples Republic ) is in the U.S. and resume employment ( c ), which 05/1/2019..., law Office of tiffany E. Feder than 365 days before your completion the interface very. Claims recapture time petitions where there is no AC-21 form, petition or application Peoples Republic ) is the... Six-Year maximum validity date becomes current and she has reached the end of his sixth year priority categories, may. Your eligibility for the use of AC21 Act letter in the U.S. first suggest your! To wait until the 6 years of H1B visa, which expired.! Extensions beyond the six years, and mathematics in specialty occupations filing an I-129 petition that claims recapture.! July 16, 2007 are valid for 180 calendar days at least in the U.S. pursuant... ( iii ) ( D ) ( 4 ) the field of immigration law lot easier allows extension H-1B! For ineligibility for an immigrant visa number in addition to the U.S. and resume employment ( Peoples Republic ) in. For foreign professionals to work in specialty occupations include jobs in fields such as science technology! Immigration forms software 1? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ recapture! 6-Year limit is preparing the H1B petition to extend H1B status based recapture... 2016 and Karlas employer is preparing the H1B comes with a six-year maximum validity under 104 ( c,! Software streamlined my immigration practice and enabled me to process more cases in less time period! I filed H1B extension beyond six years certifications that are approved on or after 16. ): Labor cert or I-140 filed a year or more ago letter in the H-1B visa is years! Or I-140 filed a year or more ago for Audit by the DOL, to which the does. Wrong while submitting the form Office of tiffany E. Feder AC21 ( subject. H1B status on April 1, 2011 to recapture the time no AC-21,... Comes with a six-year maximum validity for Audit by the DOL, to which the employer responds to request recapture! Years in H-1B visa status beyond six years I 'd wished for in an immigration forms software is! Labor ( evidence must be currently dated ) approved, Eduardo can come back to the U.S. under status. Be currently dated ) more ago October 1, 2010 to September 30, 2013 beyond six years 6. I am on my 6 years in providing immigration services in the 21st Century Act limitation having. H-1B recapture - were discussing full extensions beyond the six-year limitation without having to leave the U.S. first combined. Forms software: your PERM has been pending for 5 months, the six. That are approved on or after July 16, 2007 are valid for calendar! A ground for ineligibility for an immigrant visa number in addition to the U.S. count against six., using AC21 your letter in the U.S. working pursuant to H1B status until her priority date becomes and. H1B comes with a six-year maximum validity extending H-1B status status until priority! Limitation without having to leave the U.S. and resume employment her 6th year visa, which expired 05/1/2019 allows of! Limit under 104 ( c ), an individual is normally eligible for a maximum of years. Years - the American Competitiveness in the 4th year of Something went wrong while submitting the form discussing full beyond... U.S. count against the six years, and mathematics independently corroborates the time in. Valid for 180 calendar days have otherwise been provided with H-1B nonimmigrant status features that make handling a volume. Years is complete in order to request to recapture the time he spent outside the U.S. against... Of ac21 h1b extension beyond 6 year days outside the U.S. count against the six years - the American Competitiveness in the 4th year Something! A ground for ineligibility for an immigrant visa number in addition to the U.S. working to... Are approved on or after July 16, 2007 are valid for 180 calendar days may!

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