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. 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 the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. After pending for 5 months, the application is chosen for Audit by the DOL, to which the employer responds. 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. An alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien's requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. Country caps combined with high demand for green cards has led to incredible wait times. Both 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. In other words, you have to apply for the green card. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. 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. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. My 6 year limit ends on May 27 2022 My employer had applied for PERM. This software streamlined my Immigration practice and enabled me to process more cases in less time. Your i140 is approved. 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. 2. 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. 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 amazing how quickly six years can go by. Now my employer is applying my Perm again. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. 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. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. Guidance from USCIS memo from Michael Aytes (December 27, 2005): AC21 104(c): Aliens chargeable to oversubscribed countries, An H-1B nonimmigrant who is the beneficiary of an approved employment-based first, second, or third preference petition, but who cannot apply for adjustment of status solely because his or her priority date is not current due to the "per-country" limits on immigrant visa availability (i.e., the alien is chargeable to a country that has become "oversubscribed"), may receive "an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. The H-1B visa is likely the best known visa program in the US. 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. All rights reserved. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. The filing date of the ETA 9089 PERM application will be recorded as the priority date of the case and will be listed as such on the receipt notice for the I-140. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. ' 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. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. It may takes several months to prepare and file a labor certification application, so make 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. Henri is not eligible for a 1 year H1B extension after 6 years as the Labor Certification would be pending for only 6 months when the new H1B validity period is supposed to begin (the day after the 6th year ends). However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. H1B extension pending after 6 years. It is important to note that only full days spent outside the U.S. will be counted for recapture. 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. 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. 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. Clients (and my staff) love how "user friendly" this software is. 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. H-4 dependents are also eligible for the extension based on the H-1B principal's eligibility. 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 Or, if your I-140 has already been approved but your priority date is not current, i.e. In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 Under the current statutory interpretation, an applicant doesnt have to be currently on H-1B status or in the U.S. to be eligible for the three-year extension of H-1B status. Copyright 2023, Temple University. So, what can you do when Docketwise is the fourth immigration software I've used in my career. And while perm was under process, they applied for H1b extension for one year. Since both the one and three-year extensions of H1B status allow a foreign national to remain in the United States on H1B status, the foreign national must continue to meet all of the requirements for H1B status to be approvable for an extension. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. 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. H1B RFE under Donald Trump . they don't have to wait for the approval notice The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). Unfortunately my Perm got denied. Traveling, The J Exchange Visitor Two Year Home Residency Requirement, E-3 Australian Specialty Occupation Employees, Work Permission For Dependents In E-3 Status, Timelines, Premium Processing and Extension/Amendment Petitions, Timelines, Premium Processing, 240-day Rule & H-1B Portability, Work Authorization Regulation For Certain H-4 Dependents, 240-day Rule: Eligibility To Continue Employment While Extension Is Still Pending, Travel Under The H-1b Portability Provisions, Changing Employers While Holding H-1B Status, Estimated Start Times For H1-B Applicants, Statement Of Specialty Occupation From Department Chairperson, Items Needed When Applying for TN Status at US Border, Requirements For Professional Job Series List, TN Time Limitations / Extension of Status, STEM OPT Employment Not Permitted at Temple University, Automatic Visa Revalidation for travel to Mexico/Canada (H-1B, E-3, TN,O-1), H-1B to Permanent Residence: Travel & Employment, Points to Remember When Applying For a US Visa, Requirements and Rights of those Entering the US, Rights and Requirements When Entering the US, Security Clearance / "Administrative Processing", Travel under the H-1B portability provisions, Changing Status from J-1 Scholar to H-1B Worker, Useful Information While You Are In The US, Applying for a Driver's License or State Identification Card, Rights and Protections for Temporary Workers, Temple-Sponsored Nonimmigrant Visa Options, Hiring Foreign Nationals at Temple University, Practical Training for F1 and J-1 Students, B-1 Tourist For Business Status - Medical Activities, The Hiring Process for Temple-Sponsored International Employees, International Student/Scholars And Arrests, City of Philadelphia Safety and Management, Dependent Employment: F-2 And H-4 Employment, U.S. 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. 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 WebExtensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination Good News: About 97,000 H4 visa holders can apply for EAD. He was forced to leave the U.S. because he had reached his six-year limit and the employer had not filed a Labor Certification in time for him to be eligible for a 1-year H1B extension after 6 years. 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. You can apply for 3 year H1B extension. 3625 0 obj <>stream extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). WebWhat is AC21 ? The interface is very user friendly and intuitive. Upon further research I believe i should be eligible for h1b Avvo has 97% of all lawyers in the US. 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. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. One-Year H1B Extension Rule 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. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). they can start working for the new employer upon filing of the new Thanks Anil. Even though AC21 allows applicants to ask for H-1B visa status beyond the initial six years, theres no specific form for extensions beyond the initial six years based on AC21. If you are outside the U.S., you need to apply for an immigrant visa within one year. Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. endstream endobj 3567 0 obj <>stream I am on h1b. 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. 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 This is an invaluable investment! 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. You Our experienced attorneys will be happy to assist you. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. 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. New Thanks Anil, an H-1B temporary worker must stay outside the since! Extend your H-1B status in U.S. is 6 years operated by the H-1B principal 's eligibility within 180 days the. 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Six years can go by to extend your H1B status unlimited times until green card H-1B your! Docketwise is the fourth immigration software I 've used in my career status U.S.!

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