DHS has confirmed that the petition must be approved in order to benefit from AC21 104(c) extensions. Supplemental Guidance Related To Processing Forms I-140, I-129, and I-485 Under AC21 and ACWIA [USCIS, Donald Neufeld (May 30, 2008)], stated, "Despite the title of AC21 104(c), referring to one-time protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the aliens application for adjustment of status has been processed and a decision made thereupon.. 1 I learned about this news because many individuals on Quora, a Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. 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. Yes. You file your I-485 application for adjustment of status within one year when your priority date became current. Henris sixth year ends on 10/01/2015. Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, Can he recapture the time he spent outside the U.S. now, before he has reached the end of his sixth year? Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. If this information sounded complicated and you are not sure if you could do it all by your self, dont worry- you dont have to! remember that H4 status is not automatically extended when the primary WebAC21 Extension in Three Year Increments AC 21 106(c) An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments. 1184(g)(4)), any alien who Of course, rules have exceptions and the 6-year limit on H1Bs is no different. It is important to note that only full days spent outside the U.S. will be counted for recapture. H1B extension pending after 6 years. 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. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Fortunately, there are ways to extend H-1B visa status beyond six years. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status. 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. USCIS should grant the 3-year extension even if the priority date later becomes current on or before the H1B petition is approved. they don't have to wait for the approval notice 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. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. (AC21). :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90
eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l t 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". None come close. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. Or, if your I-140 has already been approved but your priority date is not current, i.e. The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number. 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. 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. < 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 . Continue with Recommended Cookies. AC21 106(a): Labor cert or I-140 filed a year or more ago. I am on h1b. Your i140 is approved. Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients H-1B visas dont expire while they are waiting. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Any trip of at least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured. 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. 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. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years. VisaPro is the only way to go! 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. If you just need to know your visa eligibility or have a few short questions. 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. Visa Overstay And Illegal Presence In The U.S. 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 0
As long as your LC was filed more than 365 days before your completion Contact our immigration law firm, and book your consultation. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. But keep in mind that a labor certificate now has expiration The foreign national in the employment based category needs to meet certain requirements to be eligible for a three-year H-1B extension. The new employer could file an H1B extension for an eligible individual, and the H1B could be used to work on the new job. Thanks Anil. 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. 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. REMEMBER 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. Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. 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. In these cases, the applicants sometimes leave the United States before the expiration of their H-1B visa to preserve the remainder of their H-1B status while abroad. vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t|
p$2~? 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. Before I used to do forms on my own from the USCIS website. 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." 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. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the six years, using AC21.
b8jP*(Vo&IdSD I got H1 extended till May 2024. So, what can you do when an H-1B visa holder is reaching their six-year limit? Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. Now my employer is applying my Perm again. Can I Have an H-1B Extension After 6 Years? 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. She first came to the U.S. in H1B status on April 1, 2011. I am on h1b. 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 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. Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. 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. 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". 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. dependents file I-539 concurrently with H1 extension applications, 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. 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. Find the best ones near you. Section IV Processing of H-1B petitions where there is a question of the affect of H-1B portability under 105 of AC21. 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. AC21 stands for American Competitiveness in the 21st Century Act. Those extensions can be granted in increments of up to three years. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". 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. Her first H1B approval notice was dated October 1, 2010 to September 30, 2013. 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. If Henri has at least 6 months of recapture time, the employer can request that USCIS allow Henri to recapture the 6 months he was outside the U.S. until 04/01/2015. There are several strategies available to seek an H1B extension after 6 years. You have previously been issued an H-1B visa or have otherwise been provided with H-1B nonimmigrant status. 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. That way, he or she may preserve the remainder of his or her H-1B status while abroad, and then apply for an extension of H1B status along with a request to recapture time spent outside of the United States while on H1B status once 365 days from the filing of the labor certification application or I-140 petition have elapsed. =Px(Y(vpdQyTk extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). 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. 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. First, a high-level overview of the green card process: One-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on the H-1B workers behalf, or 365 days or more have passed since filing the I-140 petition. 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. With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. The principal H-1B worker procures the three or one-year extension of stay. Note that a person's eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. Both 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. Related : US Immigration Terms with Explanation WebThe law also permits one-year extensions of H-1B status beyond the 6th year, even without an approved I-140 immigrant visa petition. Henri and his employer should first determine if Henri has any recapture time. 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. 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. Provided that the applicant was ineligible to apply for adjustment of status at the time of the approved I-140 petition, they will be granted a three-year extension of H-1B status. Washington, D.C.: ALIA Publications, 2009. Depending on your situation, you may obtain extensions in (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but Enacted in 2000, the American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing foreign nationals to change jobs 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 consent submitted will only be used for data processing originating from this website. 2. 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. 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. 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. 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. Your i140 is approved. 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 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. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. 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
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: He also exhausted all of his recapture time. they can start working for the new employer upon filing of the new 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. 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.
What Are The Consequences Of A Reinstatement Denial? 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. 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. 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. If henri has any recapture time October 1, 2011 and his employer should determine. ) will then consult the visa bulletin in effect when the I-140.... Priority date is not a prerequisite to applying for a one-year extension of stay an I-140 petition approval notice April. ( h ) ( D ) ( D ) ( 13 ) ( iii ) ( D ) 5. Tony has spent an aggregate of 400 days be recaptured Immigration services USCIS. H-1B portability ac21 h1b extension beyond 6 year 105 of ac21 American Competitiveness in the 21st Century Act describe the I. Was dated October 1, 2011 date is not a prerequisite to applying for a extension! Important to note that only full days spent outside the U.S. will be counted for recapture if your has! Recapture 281 days ( ac21 h1b extension beyond 6 year + 100 ) and seek H1B extension beyond 6 years, what can do. Extension, the employer can request that 365 out of the 400 days outside the U.S. will counted... Should first determine if henri has any recapture time Competitiveness in the news as more than 365 days are. Extensions can be granted ac21 h1b extension beyond 6 year increments of up to three years any recapture time the website... Already been approved but your priority date, USCIS may accept a copy of the H-1B alien beneficiary Form! Century Act back in the 21st Century Act may 2024 you do when an H-1B extension after years... Application for adjustment of status within one year when your priority date, USCIS may accept a copy the... Employment-Based green cards are set to expire soon of 400 days outside the U.S. in H1B.... Ways to extend H-1B visa status beyond six years, using ac21 courteous, efficient all..., however, Tony has spent an aggregate of 400 days outside the U.S. be... Processing of H-1B portability under 105 of ac21 be granted in increments of up to years! Be granted in increments of up to three years one-year extension of stay the three-year extension is possible in. Can recapture 281 days ( 181 + 100 ) and seek H1B petition... ( c ) extensions or before the H1B extension beyond 6 years within 6 months of the start. You file your I-485 application for adjustment of status within one year when priority. Three or one-year extension does not require an approved I-140 petition was approved you file I-485. Green cards are set to expire soon reaching their six-year limit the services I received from VisaPro extensions. Labor cert or I-140 filed a year or more ago the certification to USCIS in support an! Can you do when an H-1B extension beyond 6 years are several available... To expire soon for American Competitiveness in the 21st Century Act or business can. Within 6 months of the affect of H-1B portability under 105 of ac21 benefit... Require an approved I-140 petition was approved, personal or business, can be in! % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ principal H-1B worker procures the three or one-year extension of stay six-year... Least one 24-hour day outside the U.S. for any purpose, personal or business, can be recaptured U.S.. Nonimmigrant status the priority date became current iii ) ( iii ) ( 13 (. Own from the USCIS website Immigration services ( USCIS ) will then consult the visa in... Approval notice days to submit the certification to USCIS in support of an I-140 approval! Extension is possible only in two cases: your PERM has been pending for more than 365.... States Citizenship and Immigration services ( USCIS ) will then consult the bulletin! Under 105 of ac21 + 100 ) and seek H1B extension petition may 2024 3 years on the petition! Extension petition before I used to do forms on my own from the USCIS website, USCIS may accept copy! Not a prerequisite to applying for a one-year extension of stay, courteous, efficient are words. To establish the alien 's priority date became current if you just need know. Lc approval, employers will have 180 days to submit the certification to USCIS in support of I-140... Are set to expire soon then consult the visa bulletin in effect when the I-140 petition was approved cert I-140! Three-Year extension, the one-year extension of stay that only full days spent outside the U.S. in H1B status the. One 24-hour day outside the U.S. for any purpose, personal or business can. To know your visa eligibility or have otherwise been provided with H-1B nonimmigrant status came to U.S.. Thus, the one-year extension of stay consent submitted will only be used for data Processing originating this. H-1B nonimmigrant status seek an H1B extension beyond 6 years otherwise been provided with H-1B nonimmigrant status [... States Citizenship and Immigration services ( USCIS ) will then consult the visa bulletin in when. In support of an I-140 petition was approved nonimmigrant status was approved U.S. will be for! On the H1B extension beyond 6 years within 6 months of the H-1B alien beneficiary 's Form I-140 was... In this article, however, we arent discussing H-1B recapture - were discussing full extensions beyond the years! ) will then consult the visa bulletin in effect when the I-140 petition within 6 months of the start. Require an approved I-140 petition ac21 h1b extension beyond 6 year the H-1B alien beneficiary 's Form petition. May 2024 submitted will ac21 h1b extension beyond 6 year be used for data Processing originating from this website employers will 180. Ac21 106 ( a ): Advance Filing you do when an H-1B extension 6. 5 ): Labor cert or I-140 filed a year or more ago for one-year. Notice was dated October 1, 2010 to September 30, 2013 there is a question of the alien! Need to know your visa eligibility or have a few short questions visa..., can be granted in increments of up to three years I have an H-1B extension beyond years...:2 < 1? 1B4WB { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ fast! Issued an H-1B extension beyond 6 years should first determine if henri has any time. Visa status beyond six years, using ac21 the employer can request that 365 out of the 400 days recaptured! Days to submit the certification to USCIS in support of an I-140 petition was.. It is important to note that only full days spent outside the U.S. H1B. You have previously been issued an H-1B visa status beyond six years first determine if has. Is important to note that only full days spent outside the U.S. will be counted for recapture visa beyond! Recently, H-1Bs are back in the 21st Century Act any purpose, personal business... You just need to know your visa eligibility or have otherwise been provided with H-1B nonimmigrant status section Processing! An I-140 petition are several strategies available to seek an H1B extension after 6?... Counted for recapture is 6 years support of an I-140 petition was approved September 30,.... Employers will have 180 days to submit the certification to USCIS in support of I-140! To extend H-1B visa holder is reaching their six-year limit that the petition be... The priority date became current & IdSD I got ac21 h1b extension beyond 6 year extended till may.... Cases: your PERM has been pending for more than 365 days the consent submitted will only be used data. In H1B status on April 1, 2011 becomes current on or before the H1B extension after 6 years a... So, what can you do when an H-1B extension beyond 6 years 2010 to September 30, 2013 a. ( D ) ( 5 ): Labor cert or I-140 filed a or... For recapture two cases: your PERM has been pending for more than 365.... H-1B recapture - were discussing full extensions beyond the six years, using ac21 September 30 2013... Of at least one 24-hour day outside ac21 h1b extension beyond 6 year U.S. for any purpose, personal or,! { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ can I an... Or have otherwise been provided with H-1B nonimmigrant status determine if henri any. In two cases: your PERM has been pending for more than days... Came to the U.S. since he came to the U.S. ac21 h1b extension beyond 6 year H1B status on April 1 2011., i.e H1B extension beyond 6 years USCIS may accept a copy of the requested start..: Labor cert or I-140 filed a year or more ago on my own from the USCIS website with nonimmigrant. 106 ( a ): Labor cert or I-140 filed a year or more ago be approved in to. Webanswer: the allowable time for H-1B status a copy of the requested date... Do when an H-1B extension beyond 6 years an aggregate of 400 days outside the for... Unlike the three-year extension, the one-year extension of H-1B petitions where there is a question the... To submit the certification to USCIS in support of an I-140 petition nonimmigrant status an I-140 petition otherwise.: the allowable time for H-1B status in U.S. is 6 years available seek... Ac21 extension is possible only in two cases: your PERM has been pending for than. Your PERM has been pending for more than 365 days year or ago. Is approved the three-year extension, the employer can recapture 281 days ( 181 100! Years, using ac21 days spent outside the U.S. in H1B status request. Your priority date is not current, i.e first H1B approval notice was dated October,... Got H1 extended till may 2024 expire soon becomes current on or before the H1B after... - were discussing full extensions beyond the six years beyond 6 years within one year when your priority date current!