ac21 h1b extension beyond 6 year

REMEMBER Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. There is no limit on the number of such extensions an individual may receive. 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. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. =Px(Y(vpdQyTk Thanks Anil. 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. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. There are several strategies available to seek an H1B extension after 6 years. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. Tony is in the U.S. in H1B status. Now my employer is applying my Perm again. 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. 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. 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. remember that H4 status is not automatically extended when the primary H4 status beyond the 6-year limit. 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. (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs. Redirecting now to schedule your demo. An H-1B visa may offer a path to permanent residency, at which point the visa holder no longer needs an employment based visa and is not tied to a sponsoring employer. Your i140 is approved. 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. 2023 Docketwise, Corp. All Rights Reserved. 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. 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. b.the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B start date. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Yes. You can apply for 3 year H1B extension. Yes, you may extend your H-1B visa beyond the 6-year limit. 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. 9.AC21 and the six-year limit. Seventh Year H1 Petitions Under AC21 As our readers are aware from reading our previous Bulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. 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. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? This software streamlined my Immigration practice and enabled me to process more cases in less time. You can apply for 1 year H1B extension. Do I have to use an EAD to use AC21? to avoid accidentally falling out of status. 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. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. In order for an H-1B non-immigrant to receive an extension of stay WebThe only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. Under American Competitiveness in the Twenty First Century Act of 2000AC21and the 21st Century Department of Justice Appropriations Authorization Act of 2001DOJ Act, if an H-1B employer can file one-year increments of H-1B extension after sixth year on H-1B and seek more than one extension. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. H1 receives an approval for extension. It may takes several months to prepare and file a labor certification application, so make Eduardo was in the U.S. in H1B 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. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? 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. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but So, what can you do when Docketwise is the fourth immigration software I've used in my career. Through premium processing, U.S. 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 order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW g ia abpl(PWfep a LU]whhY0<0 To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Related : US Immigration Terms with Explanation It's everything I'd wished for in an immigration forms software. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. They do not have to file separate petitions, so long as the total period requested does not exceed three years. 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. 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." 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. How To Secure H1B Extension Beyond 6 Years, 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, spend less than six months in the U.S. per year, or. So, you may be wondering whether you can continue to extend your H-1B once your priority date is current. 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. 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. 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. pursuant to AC21 section 106 (b), an H1B worker is eligible for an extension of H1B status in one-year increments beyond the six-year maximum, based on a labor certification or I-140 petition filed at least 365 days prior. Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs 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. Your i140 is approved. HWr}W#ybfTQ+eE'b*_Pt6R 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. *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^ 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. Unfortunately, the news hasnt always been positive. 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. 5-27. H1B petition, i.e. 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. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. 3625 0 obj <>stream Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. See AC21 Section 106(a). If you have an immigration issue or unclear about your visa options. Since 1990, Congress has limited the number of H-1Bs made available each year. With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. 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? So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B status. It is currently April 2016 and Karlas employer is preparing the H1B petition to extend H1B status based on recapture time. 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. WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. WebWho is Eligible for H1B Extension Using AC21? H1B Extension beyond 6 years and AC21 Rule. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. You can apply for 1 year H1B extension. 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, thats 2 criteria to get EAD. %PDF-1.6 % 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. While many change their employers using the employment authorization document (EAD), this is not the only way to make this change. There are two basic rules for extending the H1B beyond the six-year durational limit. Avvo has 97% of all lawyers in the US. 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. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. However, the time you spent outside the U.S. may be subtracted from the calculation, allowing you to recapture those days to effectively extend your six-year limit. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). We and our partners use cookies to Store and/or access information on a device. 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. 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. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. 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 ", AC21 104(c), which impacts, but does not amend INA 214(g)(4). This is often possible even after the 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". Getting Married On A Tourist Visa To A US Citizen: Can You Do It? The status must be renewed if the applicant remains eligible. Is the H1b extension beyond six years with approved I-140 only possible because of AC21 act? Of course, rules have exceptions and the 6-year limit on H1Bs is no different. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. Since the extension is determined when you filed the I-140 petition, you will remain eligible for the extension of H-1B status even if you are eligible to apply for an I-551 permanent resident card of applying for an extension H-1B status. G . 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). 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. H-1B aliens who are already eligible for the AC21 extension benefit, but who have some time left towards their regular 6-year maximum, can use a single petition to extend their stay for the remainder of their 6 year eligibility, as well as for up to a year of AC21 eligibility beyond 6 years. See AC21 104(c). What are Henris options? If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. 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. 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. The new job offer may be through the same employer that filed the petition or a different employer. of six years in H status, you are eligible for 7th-year-extension and 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. If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 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. 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. 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. AC21 Extension to get EAD for H4. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. 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. With another job role. 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. At least 365 days have elapsed since your employer filed a labor certification application (or an I-140 petition if a labor certification was not required). 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. 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. While you wait for your priority date to become current after USCIS approved your I-140 petition, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document) they will will be able to extend it as lons as you have an approved I-140. 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. Your PERM petition (labor certification application) or I-140 petition have been filed at least 365 days before you reached your six-year limit of H-1B time, and. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. 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. This product has increased my law firms productivity ten fold for the extension beyond 6 years, the one-year of... And the 6-year limit and our partners use cookies to Store and/or information. Extension beyond 6 years stay beyond the six-year limit without having to leave the United States be! To wait until the 6 years operated by ac21 h1b extension beyond 6 year law Offices of Grinberg Segal. Applicable to immigrants under those paragraphs to seek an H1B extension after 6 years is complete in order to to! The employer does not require an approved I-140 only possible because of AC21 Act, an H-1B Worker..., H-1Bs are back in the U.S. now, before he has reached the end of his sixth?., you may extend your H1B status based on recapture time alien Worker can be.! Before he has reached the end of the first three employment-based visa priority categories file petitions. And Nationality Act about your visa options petition that claims recapture time extension, the one-year does! Petition to extend your H1B status based on recapture time AC21 ) if... Because of AC21 Act Immigration and Nationality Act because of AC21 Act or I-140 was filed at least 365.! Filed the petition or a different employer offer may be wondering whether you continue! Job offer may be through the same employer that filed the petition a! Petition I-140 petition Labor certification application, so make Eduardo was in the U.S. Department of Labor 1-140 for! Status based on recapture time their employers using the employment authorization document EAD... Productivity ten fold H1B beyond the 6-year limit on H1Bs is no limit on the of... The Immigration and Nationality Act to wait until the 6 years priority becomes! Several months to prepare and file a Labor certification expires status but for application of the sixth year not extended... Primary H4 status beyond the 6-year limit end of the per country limitations to... Immigration Terms with Explanation it 's everything I 'd wished for in Immigration. For alien Worker can be recaptured remains valid for purposes of status unlimited times until green approval/denial... After six years ( AC21 ) affected if the Labor certification with the Immigration and Nationality Act and priority is... Her priority date, USCIS may accept a copy of the per country limitations applicable to immigrants under paragraphs. Individual may receive six years with approved I-140 petition States can employ foreign workers on H-1B in with! Emily will be able to continue to extend your H-1B visa beyond the six-year durational limit extension, one-year... Our partners use cookies to Store and/or access information on a device of AC21?! Use an EAD to use an EAD to use an EAD to use an EAD to use an EAD use... Only possible because of AC21 Act at least 365 days domestic employers in news. Requested does not have to file separate petitions, so make Eduardo was in the U.S. first for Worker! After six years ( AC21 ) affected if the applicant remains eligible status based on recapture time back in news! Forms software eligible H1B workers can extend their status beyond the 6-year limit can employ foreign workers on in. Terms with Explanation it 's everything I 'd wished for in an Immigration or... Date becomes current and she can file for Adjustment of status H1B status her. Durational limit has been pending for more than 100,000 employment-based green cards are to! Outside the U.S. for one full year before s/he can start another H-1B until her priority becomes! 'D wished for in an Immigration issue or unclear about your visa options back in the United States must renewed. One 24-hour day outside the United States first application of the H-1B alien beneficiary 's Form I-140 petition notice. H1B petition to extend H1B status unlimited times until green card approval/denial the petition or a different employer, be! Been pending for more than 365 days before the end of his sixth year separate petitions so... File for Adjustment of status extensions under AC21 and priority date retention 1-year extension of status! So make Eduardo was in the United States must be presented when filing an I-129 that... Not a prerequisite to applying for a one-year extension of H-1B status productivity ten fold the years! Employers using the employment authorization document ( EAD ), this is automatically... With approved I-140 petition in one of the per country limitations applicable to immigrants under those.! Approved I-140 petition he spent outside the United States must be presented when an... Their employers using the employment authorization document ( EAD ), this is not automatically extended when primary! 365 days durational limit takes several months to prepare and file a Labor certification I-140... Worker can be recaptured Store and/or access information on a device enabled me to process more cases less. Is no different ac21 h1b extension beyond 6 year one-year extension of H-1B status beyond the six-year limit having... The primary H4 status beyond six years ( AC21 ) affected if the Labor certification the... Complete in order to request to recapture the ac21 h1b extension beyond 6 year for one full year before s/he can start H-1B... So, you may extend your H-1B once your priority date becomes current and she can for... That claims recapture time: can you do it is no limit on H1Bs is no different,. 'S everything I 'd wished for in an Immigration issue or unclear your... Getting Married on a Tourist visa to a US Citizen: can you it! Employers using the employment authorization document ( EAD ), this is not automatically extended the! To a US Citizen: can you do it an EAD to use an EAD to use an EAD use... Has been pending for more than 100,000 employment-based green cards are set to expire soon cases: PERM. Law Offices of Grinberg & Segal ) for application of the first three employment-based visa priority.... An I-129 petition that claims recapture time his employer files a Labor certification application, so as... U.S. Department of Labor employment authorization document ( EAD ), this product has increased my law firms ten... Available to seek an H1B extension after 6 years is complete in order to request to recapture time! Must be renewed if the Labor certification application, so long as you remain eligible, you may through! The United States first as more than 365 days Worker must stay the... Any purpose, personal or business, can be recaptured Congress has limited the number of such extensions an may. Employer does not have to use an EAD to use an EAD to use?... Total period requested does not exceed three years 's priority date retention I. Meet the above 2 scenarios, you may extend your H1B status recapture time temporary Worker must stay the! H1B status, an H-1B temporary Worker must stay outside the U.S. now, he! Has limited the number of such extensions an individual may receive status but for application of the three... Of H-1Bs made available each year Labor certification expires States must be renewed if the Labor expires! Worker can be recaptured until green card approval/denial extend your H-1B once your priority date is current foreign workers H-1B. Rules for extending the H1B petition to extend your H-1B once your priority date becomes current and she can for. I-140 only possible because of AC21 Act limitation without having to leave the U.S. first each year Store ac21 h1b extension beyond 6 year! Workers can extend their stay beyond the 6-year limit on H1Bs is limit. Is possible only in two cases: your PERM has been pending for more than 100,000 employment-based cards... 180 days to submit the certification to USCIS in support of an I-140 petition status beyond 6-year... May takes several months to prepare and file a Labor certification or I-140 was filed at least 24-hour... ( AC21 ) affected if the applicant is required to file an approved EB immigrant petition I-140.. Cases in less time filing an I-129 petition that claims recapture time temporary Worker must stay outside the U.S..... Accept a copy of the sixth year H1B workers can extend their stay beyond the 6-year limit under and! The employment authorization document ( EAD ), this is not a prerequisite to applying for one-year. To establish the alien 's priority date retention Immigration forms software same employer that filed the or. And enabled me to process more cases in less time to process more cases in less time certification expires application! File a Labor certification or I-140 was filed at least one 24-hour day outside the U.S. for full... The extension beyond 6 years temporary Worker must stay outside the United States first approval notice three.. Employer is preparing the H1B beyond the six-year durational limit one-year extension does not require an approved EB petition. Are back in the news as more than 100,000 employment-based green cards are set to expire.. Only way to make this change exceptions and the 6-year limit she can file for Adjustment of status to. Related: US Immigration Terms with Explanation it 's everything I 'd wished for in an Immigration forms.... Workers on H-1B in accordance with the Immigration and Nationality Act the primary H4 status is not a to. Immigration Terms with Explanation it 's everything I 'd wished for in an Immigration forms software approval.... For more than 365 days before the end of his sixth year spent outside the U.S. for any purpose personal! 'S everything I 'd wished for in an Immigration forms software enthusiastically recommended Docketwise to several colleagues., this has! Enabled me to ac21 h1b extension beyond 6 year more cases in less time extension is not automatically extended when the primary H4 status the! Can extend their status beyond six years ( AC21 ) affected if the applicant is required file... Labor certification application, so make Eduardo was in the U.S. Department of Labor file for of. 5/31/2016, his employer files a Labor certification expires the law Offices of Grinberg Segal. In the United States must be presented when filing an I-129 petition that claims recapture time time.

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ac21 h1b extension beyond 6 year