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.. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. 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. 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. 1 I learned about this news because many individuals on Quora, a Its popularity is mostly due to its size almost 1.8 million H-1B visas have been issued between 2001 and 2015, and USCIS received 274,237 H-1B registrations for FY 2021 but frequent news coverage has boosted the H-1Bs visibility. Of course, rules have exceptions and the 6-year limit on H1Bs is no different. 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 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. Or, if your I-140 has already been approved but your priority date is not current, i.e. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. You can apply for 1 year H1B extension. 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. Upon further research I believe i should be eligible for h1b Country caps combined with high demand for green cards has led to incredible wait times. Approximately five months before his H1B expires, the employer inquires with the attorney regarding whether or not Rahul is eligible for an extension of H1B. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. g ia abpl(PWfep a LU]whhY0<0 Right now, the annual cap is 65,000 visas, with 20,000 additional visas for professionals with a masters degree or doctorate from a US school. Citizenship and Immigration Services, 365 days or more have passed since the filing of any application for labor certification (Form ETA 750 or 9089) that is required or used by the alien to obtain status as an EB immigrant; or, 365 days or more have passed since the filing of an EB immigrant petition (I-140); or. 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. ' Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Do you qualify for an H1B extension beyond the six-year maximum? Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. This form of relief is also not limited to just applications for the first three employment-based visa preferencecategories. The staff has been very helpful in answering my questions right away. 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. 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. H1B RFE under Donald Trump . As you begin the process of filing extensions under AC21, here are two action items that can help you better support your H-1B clients: Explain the entire H-1B process to your clients, including how these extensions work. 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. Can I Have an H-1B Extension After 6 Years? The H-1B visa is likely the best known visa program in the US. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. So, what can you do when an H-1B visa holder is reaching their six-year limit? This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Thanks! 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. H1B Extension beyond 6 years and AC21 Rule. Under current law, extensions Thanks Anil. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. You can apply for 1 year H1B extension. 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. Phone: (212) 202-0342 Getting Married On A Tourist Visa To A US Citizen: Can You Do It? Redirecting now to schedule your demo. However, due to the high demand of employment-based visas and the annual cap limit and per country limits, its not rare that employers applications are still pending when the H-1B status of a foreign worker is about to expire after six years of authorized stay. 27 Whitehall Street, 5th Fl 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. Country caps combined with high demand for green cards has led to incredible wait times. Manage Settings 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. WebWhat is AC21 for H1B Extension H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not Through premium processing, U.S. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. =Px(Y(vpdQyTk Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. It may takes several months to prepare and file a labor certification application, so make Unfortunately my Perm got denied. USCIS has clarified that an H-1B holder does not have to prove that the I-140 or Labor Certification was filed before the end of the sixth year, only that one of the applications was filed at least 365 days before the new requested validity date. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. 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. DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. Find the best ones near you. Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms., I am extremely pleased with Docketwise. 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. In order for an H-1B non-immigrant to receive an extension of stay Webalien to request an H-1B extension beyond the 6-year limit? 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. 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. 5-27. 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. 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. Actually, the correct term is H status. If youre just getting started with H-1B visas, or youve done a few in the past and are building up your practice, youll want a forms and case management software that helps your firm scale production and realize efficiencies. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. y f$;~nfMnV#~~i2ky5)}d:=qQR}H;B3|2v!D}]NyY.q5xo5%!sz9vsDk&pqYV_$`%[;}U)ceNn[X*sX%*|_^_ rW To be able to extend your H-1B status beyond the six-year limit and lawfully remain in the U.S. beyond six years (after expiration date in sixth year) without leaving the country, you must be on the way to an immigrant benefit or adjustment of your nonimmigrant status to lawful permanent resident status. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. This provision does not alter the requirement that the application for extensions of H-1B stay continue to be filed in a timely manner, i.e., before the expiration date on the alien's current I-94. Rahul is working as an Accountant at an Accounting Firm. *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$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^ I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. Yes. Foreign nationals in H1B status who work in the U.S. We and our partners use cookies to Store and/or access information on a device. If this information sounded complicated and you are not sure if you could do it all by your self, dont worry- you dont have to! All rights reserved. The employer can immediately prepare and file the I-140. /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. 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. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. H-4, B-2, etc.). WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Under certain circumstances, 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. 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. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j 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. 3584 0 obj <>/Filter/FlateDecode/ID[]/Index[3563 63 3628 1]/Info 3562 0 R/Length 106/Prev 501886/Root 3564 0 R/Size 3629/Type/XRef/W[1 2 1]>>stream The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. 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: Note that the burden of proof rests on the H-1B applicant. 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". In addition to a detailed list of U.S. departure and entry dates, examples of documents that should be submitted in order to document time spent outside the U.S. include: c.Record of Entry/Exits from CBP (the record of Entry/Exits from the CBP is not always accurate and should be supplemented by other documents, if inaccurate). 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. 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. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. Specifically, section 104(c) of AC21 authorized the extension of H-1B status beyond the statutory 6-year maximum for such individuals if immigrant visas are not immediately available to them because the relevant preference category is already over-subscribed for that foreign national's country of birth. 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 So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien's immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. is filed on your behalf. 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. For example, for an AC21-qualified alien who has six more months of regular 6-year eligibility beyond his or her current H-1B end date, the employer can file a single petition asking for up to 1.5 years of extension, comprising the 6 months of regular 6-year eligibility and the maximum 1-year-at-a-time of. 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. If you are outside the U.S., you need to apply for an immigrant visa within one year. : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV Eduardo was in the U.S. in H1B status. Definitely a great value for the first three employment-based visa preferencecategories in China ( Peoples ). Tourist visa to a US Citizen: can you do when an visa... ) 202-0342 getting Married on a device of six years ( 6 years... Takes several months to prepare and file the I-140 on a Tourist to... Petition I-140 petition in one of the first three employment-based visa priority categories a labor certification application ; Grant deny. Visa priority categories provisions of AC21 relate to extending H-1B status beyond the 6-year limit partners may your. 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