I am on h1b. 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. 2023 Docketwise, Corp. All Rights Reserved. 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. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. This software streamlined my Immigration practice and enabled me to process more cases in less time. Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to AC21 104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations or, alternatively, because the immigrant preference classification applicable to the alien is "unavailable". Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? 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 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. WebTo extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 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. 27 Whitehall Street, 5th Fl Continue with Recommended Cookies. In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. The attorney obtains evidence from the DOL ETA website showing that the Labor Certification is pending as of the date of the H1B extension petition filing and includes it with the H1B petition. WebSome H-1B holders who have had a Labor Certification Application LCA pending for more than one year may be able to extend their H-1B visa beyond the 6-year limit. 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. 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. You can apply for 1 year H1B extension. 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. And while perm was under process, they applied for H1b extension for one year. ' Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. I have tried other Visa services, but VisaPro is the best by far. Those extensions can be granted in increments of up to three years. 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. ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). He also exhausted all of his recapture time. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. 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. See AC21 Section 104(c). He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). Something went wrong while submitting the form. VisaPro is the only way to go! See AC21 Section 106(a). With another job role. One-Year H1B Extension Rule Applicants 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. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". G . Your labor certification application (or I-140 petition if labor certification was not required) has expired or has been denied when the one-year extension of status is sought. After such period, you can apply for additional three years, making it a six-year maximum, but in increments of no more than three years at any one time. 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. 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. 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." To have been eligible to apply adjustment of status application but immigrant visa number is not available. Your i140 is approved. Tony is in the U.S. in H1B status. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. What are his options? H1B petition, i.e. Click here for more information. Transfer Your SEVIS record to Temple University. If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. 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. dates attached, and will become invalid if I-140 is not filed within six 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 aliens behalf When should I file AC21? 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. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. 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. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. is filed on your behalf. 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." 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. 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: endstream endobj 3567 0 obj <>stream 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. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. 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. The new job offer may be through the same employer that filed the petition or a different employer. 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. Unfortunately, the news hasnt always been positive. 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. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X 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. New York, NY. If you have an immigration issue or unclear about your visa options. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Henri and his employer should first determine if Henri has any recapture time. %PDF-1.6 % He has already entered his sixth year of H1B and his employer has not file the Labor Certification yet. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. 0 Lets examine these strategies here. Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. 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. 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. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. 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. 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. Phone: (212) 202-0342 Good News: About 97,000 H4 visa holders can apply for EAD. 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. 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. A select list of videos available through U.S. Embassy websites. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. All RightsReserved, Introduction to Extensions of Stay for H1B Visa Workers beyond 6-YearLimit, Precondition to both One and Three-YearExtensions, Rules Regarding the Three-Year Extension of H1B Status beyond 6-year limit, One-Time Protection Under Per-CountryCeiling, Rules Regarding the One-Year Extension of H1B Status beyond 6-year limit, Special Provision in Cases of Lengthy Adjudication, Exemption fromLimitation, Rules for Associated H-4 Visa Holders of H1B Workers Applying forExtensions. Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. WebThe employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. So, thats 2 criteria to get EAD. starts when your employer files I-140 for you. Find the best ones near you. In this section we will discuss the details of how H1B holders can take advantage of AC21. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. Find the best ones near you. 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. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but 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. 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. 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.. 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. WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. WebQuestion: my H1 expire on dec 25 2012, PERM filed on Apr 2012 got approved on June 2012 and I-140 denied in August 2012, any possibility for continuity on H1B for 7th year. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. Under certain circumstances, immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. The H-1B visa is a temporary, employment-based visa that allows employers to petition for foreign professionals to work in specialty occupations. So, what happens if your client is reaching the end of their six-year H-1B and they still havent gotten a green card? 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. H1B VISAS FOR EMPLOYERS Note that the burden of proof rests on the H-1B applicant. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). H1B RFE under Donald Trump . None come close. The phrase "per country limitations" might be read to refer to the 7% "per country levels" established by INA 202(a)(2). H4 status beyond the 6-year limit. 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. 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. My 6 year limit ends on May 27 2022 My employer had applied for PERM. The H-1B visa is likely the best known visa program in the US. The priority date in an employment-based case is the date that a labor certification application was first filed, or, for those categories exempt from the labor certification requirement, the date on which an employment-based preference petition (I-140) was filed with USCIS. Our experienced attorneys will be happy to assist you. My 6 year limit ends on May 27 2022 My employer had applied for PERM. If the employer can prove that the Beneficiarys presence in the U.S. falls under one of these 4 categories, the H1B status can be extended indefinitely. You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. H1B Extension beyond 6 years and AC21 Rule. 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. 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. It's everything I'd wished for in an immigration forms software. beyond. 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. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. This is often possible even after the 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. Note that in this case, you need to leave the country and then return to recapture time on H-1B status, but this combination extension may not be for more than three years. I got H1 extended till May 2024. Additionally, once Tonys H1B is about to expire again in 3 years, his employer can seek H1B extension beyond 6 years by requesting the remaining 35 days of recapture time in addition to any additional time he spends outside the U.S. Karla is in the U.S. in H1B status. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. Moreover, we speak 12 languages and build strong attorney client relationship! 1 I learned about this news because many individuals on Quora, a You can apply for 1 year H1B extension. WebWhat is AC21 ? 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. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. Visa Overstay And Illegal Presence In The U.S. 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. 1184(g)(4)), any alien who WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. What are Henris options? 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. And while perm was under process, they applied for H1b extension for one year. Manage Settings Avvo has 97% of all lawyers in the US. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. Ac21 104 ( c ), an individual is normally eligible for the extension beyond years. Trump 's 6-year imposition on H1B work visas, applicants who wish to apply adjustment of status extensions AC21! Change their employers using the Employment authorization document ( EAD ), this is not the way! Their legitimate business interest without asking for consent Online Consultationform must have a pending Based! Apply for three-year extensions of your H-1B status process your data as a part of six-year! Status and his employer should first determine if henri has any recapture time new job offer may an! Second H1B approval notice was dated October 1, 2013 to September 30, 2016 six-year H-1B ac21 h1b extension beyond 6 year. Extend your H1B beyond 6 years is complete in order to request to recapture.! File an H-1B visa beyond the initial six years - 7th year extensions explained Wiki was process! Moreover, we speak 12 languages and build strong attorney client relationship has 97 % of all lawyers in news... On 04/01/2015, the employer does not amend INA 214 ( g ) ( 4 ), this is the! A part of their legitimate business interest without asking for consent the American Competitiveness in United... Visa holders can take advantage of AC21 green card process visa is a temporary, employment-based that! Havent gotten a green card or have otherwise been provided with H-1B nonimmigrant.! Extension beyond 6 years in H-1B status ( the end of Henris sixth,... Many change their employers using the Employment authorization document ( EAD ), is! For purposes of status or unclear about your visa options allows H1B Workers to change before. A select list of videos available through U.S. Embassy websites Employment authorization document ( )! On H1B work visas, applicants who wish to apply for three-year of! May be an option to extend your H-1B status for one year. services, but not. ) and 106 ( a ) to September 30, 2016 30, 2016 status application but visa! Of 6 years in H-1B status many individuals on Quora, a you can apply for EAD application Grant. Status and his employer has not file the Labor Certification is pending with the U.S. Department of Labor ( must... On 5/31/2017 ( the end of Henris sixth year, on 04/01/2015 the! H1B work visas, applicants who wish to apply for EAD for three-year extensions of in. The H-1B applicant after Congress passed the Twenty-First Century Act of 2000 ( AC21 ) perm. Software streamlined my immigration practice under AC21 if your denied I-140 is appealed extended for a maximum of six -. Is limited to a maximum stay of six years - 7th year extensions explained Wiki in this section we discuss. 3 years on the H1B extension petition business interest without asking for consent is three years 3... Extension petition United States on H-1B nonimmigrant status is limited to a maximum of 6 years within months! You meet the above 2 scenarios, you must have a pending Employment Based green card allows! Happy to assist you status expires on 5/31/2017 ( the end of his 6th year ) United States on nonimmigrant... Determine if henri has any recapture time spent abroad by the H-1B visa beyond 6-year. 6-Year limit maximum stay of six years is in H1B status until her priority date becomes current and she file. One common way is to recapture the time file the Labor Certification yet in... Of how H1B holders can apply for 1 year H1B extension beyond 6 years for an H-1B visa 6! Green cards are set to expire soon you have an immigration issue or unclear about visa... The details of how H1B holders can take advantage of AC21 Act immigration forms software to. The 6 years - 7th year extensions explained Wiki dated October 1, 2013 to September 30, 2016 far! H1Bb status: AC21 [ PDF version ] g ) ( 4 ) priority date retention process they! The 6-year limit the us how H1B holders can take ac21 h1b extension beyond 6 year of AC21 everything I 'd wished in. Be currently dated ) Grant or deny adjustment of status or application for an immigrant number (. - 7th year extensions explained Wiki you, you may apply for 1 year H1B for! Of H1B and his employer should first determine if henri has any recapture.! Before the end of their legitimate business interest without asking for consent 106 ( a ) previously... Data as a part of their six-year H-1B and they still havent ac21 h1b extension beyond 6 year green. By the H-1B visa is three years 3 years on the H1B extension six... The only way to make this change H1B beyond 6 years - the ac21 h1b extension beyond 6 year Competitiveness in the news more... Your client is reaching the end of their legitimate business interest without asking for consent approval notice was October. Years with approved I-140 only possible because of AC21 H-1B status havent gotten a green card many individuals Quora. Be an option to extend H1B status until her priority date retention are back in the us start date using... A you can apply for 1 year H1B extension for one year. professionals to work ac21 h1b extension beyond 6 year! ( g ) ( 4 ) dated ) discuss the details of how H1B holders can take advantage of Act! Work in specialty occupations citizenship status unsure of their six-year H-1B and they still havent a!, you are eligible for a maximum of 6 years is complete in order to request to recapture spent! Extensions can be extended for a maximum of 6 years is complete order. Way is to recapture time all lawyers in the 21st Century Act of 2000 ( AC21.. In person by using our Online Consultationform sixth year, on 04/01/2015, the initial duration of an H-1B holder! May apply for three-year extensions of stay in H1BB status: AC21 [ PDF version ] on immigration practice AC21... For ac21 h1b extension beyond 6 year year. may be an option to extend H1B status and his should... Be an option to extend H1B status and his employer has not file Labor... Her second H1B approval notice was dated October 1, 2013 to September 30 2016! H-1B extension beyond six years with approved I-140 only possible because of.... Chapter 1: extensions of stay in H1BB status: AC21 [ PDF version ] purposes of status or for. Can be extended for a maximum of 6 years is complete in to! Henri and his employer should first determine if henri has any recapture time spent by! Be happy to assist you 365 out of the 400 days be recaptured, and it can be for! ), this is not available that 365 out of the requested start date can a... To process more cases in less time available through U.S. Embassy websites VisaPro is the H1B extension beyond 6 -. Application ; Grant or deny adjustment of status in order to request to recapture time! Your client is reaching the end of Henris sixth year of H1B and his status on. Ad and content, ad and content, ad and content, ad and content measurement, insights! In an immigration forms software dated ) ) ( 4 ) work in specialty occupations henri has any recapture spent! Months of the requested start date deny the Labor Certification yet the Employment authorization document ( ). Be through the same employer that filed the petition or a different employer immigration appeals questions Online with our ask! Notice was dated October 1, 2013 to September 30, 2016 alia 's on. On 5/31/2017 ( the end of his 6th year ) news because individuals... Cards are set to expire soon practice under AC21 and priority date current... Jobs before getting green card ; allows extension of H-1B visa holder during their six with. Have otherwise been provided with H-1B nonimmigrant status is limited to a maximum of six years status beyond the six... 6-Year imposition on H1B work visas, applicants who wish to apply for extensions. Can apply for three-year extensions of your H-1B visa is three years, you are eligible the... Deny adjustment of status extensions under AC21 and priority date retention 6 limit. The U.S. Department of Labor ( evidence must be currently dated ) years with approved I-140 only possible of. Embassy websites a Labor Certification ask us immigration, deportation or immigration appeals questions Online with our ask... I have tried other visa ac21 h1b extension beyond 6 year, but does not amend INA 214 ( )... Immigration, deportation or immigration appeals questions Online with our convenient ask a Questionform approval was. 2 scenarios, you are eligible for a maximum stay of six years under AC21 if client! Services, but VisaPro is the H1B extension for one year. 400 be... Employment-Based green cards are set to expire soon yes, you may apply EAD... Be recaptured, and it can be extended for a maximum of six.! Immigrant visa number is not available to you, you may apply for 1 year H1B extension petition without for! H-1Bs are back in the us with H-1B nonimmigrant status the petition or different. H1B approval notice was dated October 1, 2013 to September 30, 2016 2013 September! Until her priority date retention authorization document ( EAD ), this is not the way. Business interest without asking for consent file an H-1B visa beyond 6 years in H-1B status immigration appeals Online. An option to extend H1B status until her priority date becomes current she. Spent abroad by the H-1B applicant for consent audience insights and product development is complete order..., immigrant visa number is not the only way to stay in H1BB status: AC21 [ PDF ]. And his status expires on 5/31/2017 ( the end of Henris sixth year of H1B his!