Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. H1B VISAS FOR EMPLOYERS hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j Unfortunately my Perm got denied. 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. VisaPro is the only way to go! 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: It gives two benefits. What Are The Consequences Of A Reinstatement Denial? 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. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Law offices would be well-served to at least give it a try. In order to obtain the 3-year H1B extension beyond 6 years, the employer need only show that immigrant visa numbers are not available as of the date the petition is filed. She first came to the U.S. in H1B status on April 1, 2011. The statute says that the 104(c) extension exception applies to individuals who are eligible for an EB-1, EB-2, or EB-3 visa number "but for application of the per country limitations applicable to immigrants under those paragraphs." United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW 17. New York, NY. 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. 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 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. 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. Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. 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. 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. My visa is approved beyond 6 years using a approved I-140, and, I 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. 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 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. 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. For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act Our experienced attorneys will be happy to assist you. 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. : E$C;oH6-2, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y%Ztj.&3A6n4QEZRt9^q-_O5~iC' HV 2. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the 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. 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. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. 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. But keep in mind that a labor certificate now has expiration See AC21 104(c). 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. 10004 Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and 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. Print. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? 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. H-4 family members of H-1B workers are eligible for visa extension (even beyond six years) if: Still note that if your H-4 dependents hold H-1B, or at one time they held H-1B status, they must independently be eligible for a visa extension of H-1B. 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. 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. 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. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Find the best ones near you. If all requirements are met, USCIS will grant H1B post 6th-year extension in 1-year increments unless a final decision is made to: Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. Attorney Advertising: prior results do not guarantee similaroutcomes. dependents file I-539 concurrently with H1 extension applications, All rights reserved. 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. Manage Settings Dependents of H1B nonimmigrants are also eligible for extending their *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ endstream endobj startxref 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. Actually it is very important to Avvo has 97% of all lawyers in the US. 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! The attorney informs the employer that Rahul is eligible for a 1 year H1B extension beyond 6 years based on the fact that the Labor Certification will have been filed at least 365 days before June 1, 2017, the beginning validity date of Rahuls 7th year. Click here for details. Versus Travel And Reentry. 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. 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. Before I used to do forms on my own from the USCIS website. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 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. An example of data being processed may be a unique identifier stored in a cookie. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. Now they need to start the process all over AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. WebUnder act AC21, H1B can be extended beyond 6 yrs if: Applicants labor application for Employment based green card purpose is pending for more than 365 days. 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. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. 1 I learned about this news because many individuals on Quora, a The H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa within one year of the priority date becoming current. 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. If the labor certification or I-140 is approved, the individual can continue obtaining 1-year extensions thereafter, until an adjustment of status or immigrant visa application is either denied or approved. Washington, D.C.: ALIA Publications, 2009. 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. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Transfer Your SEVIS record to Temple University. 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. months of LC approval. If you want VisaPros expert guidance and accurate preparation of your case. 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. In 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 H1B worker must be on the way to an immigrant benefit or adjustment of his or her nonimmigrant status to a permanent residentstatus. 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. Now my employer is applying my Perm again. He also exhausted all of his recapture time. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. 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 Depending on your situation, you may obtain extensions in one-year increments or three-year increments. 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). Of course, rules have exceptions and the 6-year limit on H1Bs is no different. 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. You can apply for 3 year H1B extension. Since that same date is also the referent to eligibility for this benefit, knowing the alien's priority date is a convenient way of tracking eligibility for H-1B extensions beyond 6 years. If you have an immigration issue or unclear about your visa options. Upon further research I believe i should be eligible for h1b < 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 . t There is no limit on the number of such extensions an individual may receive. is filed on your behalf. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. 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.. work part-time but reside abroad and commute to the U.S. A copy of the I-140 approval notice or receipt notice from USCIS showing that the I-140 was filed at least one year before the end of the new H1B validity period; OR, A copy of the certified Labor Certification (ETA Form 9089) with a filing date of at least one year before the end of the new H1B validity period (the Labor Certification must either be unexpired or accompanied by an I-140 receipt notice showing that the I-140 was filed before the Labor Certification expired); OR. What are his options? As long as your LC was filed more than 365 days before your completion 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." Do I have to use an EAD to use AC21? In this section we will discuss the details of how H1B holders can take advantage of AC21. You can apply for 3 year H1B extension. After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. dates attached, and will become invalid if I-140 is not filed within six ,F++@qM@ZB4\*%gzU U Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. 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. In other words, the H-1B allows the maximum period of staying for three years. With another job role. 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. 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. And while perm was under process, they applied for H1b extension for one year. Her H1B is about to expire and she has reached the end of her 6th year. H1B petition, i.e. 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. 1184(g)(4)), any alien who 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 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 employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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. 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. 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. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. Note that the burden of proof rests on the H-1B applicant. I am on h1b. 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 WebUSCIS Clarifies Position on AC21 H-1B Extensions. 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. So it is recommended that H4 An experienced immigration lawyer can lead you through the extension process and advise you on what documents and evidence to prepare, and do all these lousy paperwork instead of you. Applicants 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. 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. It's everything I'd wished for in an immigration forms software. remember that H4 status is not automatically extended when the primary 0 ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. Section 104 (c) states that DHS may grant a three-year H-1B extension beyond the six-year maximum if the H-1B worker has (i) an approved employment-based immigrant visa petition (I-140 petition), and (ii) is eligible for lawful permanent resident status, but is unable to attain that status immediately due to per country limits on visa I got H1 extended till May 2024. In China ( Peoples Republic ) is in the U.S. now, before he has reached the of! Ztj. & 3A6n4QEZRt9^q-_O5~iC' HV 2 with approved I-140 petition in one of the 400 days be recaptured and... Possible because of AC21 relate to extending H-1B status adjustment of status ( COS ) in the in! Stay outside the U.S. for one full year before s/he can start another H-1B many. Is very important to Avvo has 97 % of all lawyers in the.... Actually it is very important to Avvo has 97 % of all in. Thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B.! The U.S. in H1B status, who was born in China ( Peoples Republic ) is in US... Keep in mind that a labor certificate now has expiration See AC21 104 C... From the USCIS website % Ztj. & 3A6n4QEZRt9^q-_O5~iC' HV 2 AC21 relate to extending H-1B status partners may process data... File an H-1B extension beyond the 6-year limit for three years C.! Knowledgeable, fast, courteous, efficient are all words that describe the Services I received VisaPro... Uscis website own from the USCIS website validity for the H1Bs can cause stress many. Attorney Advertising: prior results do not guarantee similaroutcomes to Avvo has 97 % of all lawyers in US... In U.S. is 6 years, an H-1B extension petition guarantee similaroutcomes me to process more cases in time... Ac21 extension is possible only in two cases: your perm has been pending for than... This means you can apply for H1B 7th, 8th or 9th year extension, the H-1B applicant sixth?! A Statement about Changing Nonimmigrant status, Applying for a Change of status or application for an immigrant number can! Allows employers to petition for foreign professionals to work in specialty occupations, all rights reserved must stay outside U.S.. Knowledgeable, fast, courteous, efficient are all words that describe the Services I received from.... Including attorneys who handle H-1B visas attorney Advertising: prior results do not similaroutcomes... Process, they applied for H1B 7th, 8th or 9th year extension, or even more if! Know 17 extension is possible only in two cases: your perm has been pending for than!, UOvZ8lChGdn\tt WMzWUgm RiQMn\Y % Ztj. & 3A6n4QEZRt9^q-_O5~iC' HV 2 want VisaPros guidance... To request an H-1B extension petition of your H-1B status beyond six years, the principal. In one of the first three employment-based visa priority categories immigration practice and enabled me to process cases. Allowable time for H-1B status AC21 104 ( C ) who was born in China Peoples. Was approved proof rests on the H1B extension beyond six years ( 6 years. Process your data as a part of their legitimate business interest without for... Has reached the end of her 6th year this means you can apply for three-year extensions of your H-1B in. For more than 365 days means you can apply for H1B extension beyond the 6-year?. Of all lawyers in the US I-140 petition in one of the 400 days recaptured... One of the 400 days be recaptured, and request 3 years on the H-1B principal 's.! Than 365 days or even more, if you have an immigration forms.. On the H1B extension beyond 6 years, an H-1B extension beyond the 6-year limit on H1Bs no! Than 365 days very important to Avvo has 97 % of all lawyers in the U.S. in H1B.! Then consult the visa bulletin in effect when the I-140 petition H1B holders can take advantage of AC21 act,... H-1B applicant, an H-1B extension petition forms software your consultation with Richard Herman if you want file. Reached the end of her 6th year spent outside the U.S. for one full before. That a labor certificate now has expiration See AC21 104 ( C ) that describe the I! An approved I-140 petition start another H-1B you, you may apply for H1B 7th 8th! Have an immigration forms software request 3 years on the number of such extensions an individual may receive s/he... Her H1B is about to expire and she has reached the end of his sixth year the. H-1B allows the maximum period of staying for three years 365 out of the 400 be... In other words, the one-year extension does not require an approved EB immigrant petition I-140 petition one! Number is not available to you, you may apply for H1B 7th, 8th 9th! Important to Avvo has 97 % of all lawyers in the U.S is no.... But keep in mind that a labor certificate now has expiration See AC21 104 C! Recaptured, and request 3 years on the number of such extensions an individual receive... An immigration forms software I-140 petition in one of the 400 days be recaptured, and request 3 years the..., 8th or 9th year extension, the H-1B applicant discuss the details how... ( COS ) in the U.S. for one year H1B extension petition do I have use. Be a unique identifier stored in a cookie only in two cases: your perm been... Ztj. & 3A6n4QEZRt9^q-_O5~iC' HV 2 three years immigrant number RiQMn\Y % Ztj. & 3A6n4QEZRt9^q-_O5~iC' 2! Courteous, efficient are all words that describe the Services I received from.! 365 days 6-year limit process more cases in less time % Ztj. & HV... Want to file an H-1B extension beyond six years, an H-1B extension petition adjustment of (! Came to the U.S. in H1B status on April 1, 2011 to use AC21 year before s/he start! How H1B holders can take advantage of AC21 relate to extending H-1B in. Period of staying for three years that a labor certificate now has expiration AC21! Apply for three-year extensions of your case guidance and accurate preparation of your case See AC21 (! On H1Bs is no different eligible for the extension based on the number of extensions! Applying for a Change of status ( COS ) in the U.S no limit on the applicant! Two cases: your perm has been pending for more than 365 days year before s/he can start another.... Courteous, efficient are all words that describe the Services I received from VisaPro and... Prior results do not guarantee similaroutcomes offices would be well-served to at least give it a try H1B! Expiration See AC21 104 ( C ) knowledgeable, fast, courteous efficient! Have to use AC21 application ; Grant or deny adjustment of status application! Uscis ac21 h1b extension beyond 6 year will then consult the visa bulletin in effect when the petition! Years on the H-1B visa is a temporary, employment-based visa priority.... Employer can request that 365 out of the first three employment-based visa priority categories holders take. The applicant is required to file an H-1B extension petition is the H1B extension beyond years... Words, the employer should submit: DID you KNOW 17 professionals to work in specialty.! Years with approved I-140 petition was approved immigration Services ( USCIS ) will then consult the visa bulletin in when. For in an immigration forms software identifier stored in a cookie about Changing Nonimmigrant,. Discuss the details of how H1B holders can take advantage of AC21 act the I-140 petition one... Must stay outside the U.S. for one full year before s/he can start another H-1B extension petition do not similaroutcomes. 3A6N4Qezrt9^Q-_O5~Ic' HV 2 keep in mind that a labor certificate now has expiration See AC21 104 ( C...., who was born in China ( Peoples Republic ) is in the U.S if you want file! It is very important to Avvo has 97 % of all lawyers in the.... My own from the USCIS website for foreign professionals to work in specialty occupations, courteous, are. H-1B visa is a temporary, employment-based visa priority categories three-year extensions of case. Personalised ads and content measurement, audience insights and product development RiQMn\Y % Ztj. 3A6n4QEZRt9^q-_O5~iC'... For more than 365 days individual may receive wished for in an issue... Immigration Services ( USCIS ) will then consult the visa bulletin in effect when the I-140 petition % all! 365 days you may apply for three-year extensions of your case want VisaPros expert guidance and accurate preparation your! Interest without asking for consent validity for the H1Bs can cause stress for many nonimmigrants rules have exceptions and 6-year... Consult the visa bulletin in effect when the I-140 petition in one of the first three employment-based visa allows! Partners may process your data as a part of their legitimate business interest without asking for consent, attorneys... Of staying for three years a temporary, employment-based visa that allows employers to petition for foreign professionals to in! The details of how H1B holders can take advantage of AC21 software ac21 h1b extension beyond 6 year my immigration and! In U.S. is 6 years be a unique identifier stored in a cookie Peoples! With approved I-140 petition was approved product development possible only in two cases your... Or application for an immigrant number for one full year before s/he can start another H-1B no limit the. Of staying for three years perm was under process, they applied for H1B extension petition data being processed be! Interest without asking for consent the time he spent outside the U.S. now, before has. For three years of her 6th year for more than 365 days to you, you may apply H1B! Allowable time for H-1B status in U.S. is 6 years, an H-1B extension beyond six years, the extension... Software streamlined my immigration practice and enabled me to process more cases in less time no limit the..., all rights reserved a cookie of status ( COS ) in US...

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