Now my employer is applying my Perm again. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. One common way is to recapture time spent abroad by the H-1B visa holder during their six years. 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. Click here for details. Henris options include: H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is retrogressed. 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. With another job role. Eduardo was in the U.S. in H1B status. Depending on your situation, you may obtain extensions in one-year increments or three-year increments. starts when your employer files I-140 for you. Continue with Recommended Cookies. Under INA 214(g)(4) , an individual is normally eligible for a maximum of 6 years in H-1B status. You can apply for 1 year H1B extension. of six years in H status, you are eligible for 7th-year-extension and 1184(g)(4)), any alien who--, (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and. 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. 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. 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. Phone: (212) 202-0342 Unlike status granted under 106(a)-(b), which is limited to one year at a time, status under 104(c) may be granted for up to three years at a time. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. It gives two benefits. You file your I-485 application for adjustment of status within one year when your priority date became current. 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. Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. 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." Versus Travel And Reentry. G . b8jP*(Vo&IdSD Tiffany Feder, Law Office of Tiffany E. Feder. Yes, you may extend your H-1B visa beyond the 6-year limit. The principal H-1B worker procures the three or one-year extension of stay. Actually it is very important to VisaPro is the only way to go! 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. Do I have to use an EAD to use AC21? Washington, D.C.: ALIA Publications, 2009. Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. < 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 . 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. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act ( AC21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals: An application for extension of stay under the AC21 provisions will, like a regular application for extension of stay, benefit from the "240-day rule". H4 status beyond the 6-year limit. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. Good News: About 97,000 H4 visa holders can apply for EAD. 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. 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. Those extensions can be granted in increments of up to three years. %%EOF 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. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. To have been eligible to apply adjustment of status application but immigrant visa number is not available. Your green card process begins when a labor certification (LC) application English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). beyond. I got H1 extended till May 2024. The new job offer may be through the same employer that filed the petition or a different employer. 2. In order to be eligible for a three-year extension of H1B status, the foreign national must meet the followingrequirements: Have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or professional worker) preference categories, or 4, 5 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. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." 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". Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. 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. Manage Settings For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. 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. 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 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." dependents file I-539 concurrently with H1 extension applications, Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. Rahul is working as an Accountant at an Accounting Firm. 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. The answer is YES; you can continue the extension until a final decision is made to approve or deny your pending I-485 application if: Those with pending I-140 petitions in one of the employment-based visa preference categories who do not have an approved I-140 petition may request premium processing of their I-140 petition. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. See AC21 Section 104(c). Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. 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. WebExtending H1B Status Beyond the 6 Year Statutory Limit. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. 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. Yes, Tonys employer can request that the time he has spent outside the U.S be recaptured. 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. 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. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? He is in H1B status and his status expires on 5/31/2017 (the end of his 6th year). This is often possible even after the You can apply for 1 year H1B extension. 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. Transitioning from H-1B to a green card still involves the visa holders employer, and one or more extensions might be needed while the permanent resident application is pending approval. So, thats 2 criteria to get EAD. 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. 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. Yes, you may extend your H-1B visa beyond the 6-year limit. The employer does not have to wait until the 6 years is complete in order to request to recapture the time. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," 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. Henri can leave the U.S. before his H1B expires (or change to another applicable nonimmigrant status, e.g. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. Redirecting now to schedule your demo. Clients (and my staff) love how "user friendly" this software is. 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. WebAdditionally, H-1B nonimmigrants reaching the six-year limit of stay and with pending or approved I-140s but waiting for their Priority Date to become current, were allowed to extend their H-1B status in three-year increments until decisions were made on their adjustment of status applications. This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21). Her H1B is about to expire and she has reached the end of her 6th year. Unfortunately my Perm got denied. 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. AC21 106(a): Labor cert or I-140 filed a year or more ago. 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. Three provisions of AC21 relate to extending H-1B status beyond six years (6) years. Traveling, The J Exchange Visitor Two Year Home Residency Requirement, E-3 Australian Specialty Occupation Employees, Work Permission For Dependents In E-3 Status, Timelines, Premium Processing and Extension/Amendment Petitions, Timelines, Premium Processing, 240-day Rule & H-1B Portability, Work Authorization Regulation For Certain H-4 Dependents, 240-day Rule: Eligibility To Continue Employment While Extension Is Still Pending, Travel Under The H-1b Portability Provisions, Changing Employers While Holding H-1B Status, Estimated Start Times For H1-B Applicants, Statement Of Specialty Occupation From Department Chairperson, Items Needed When Applying for TN Status at US Border, Requirements For Professional Job Series List, TN Time Limitations / Extension of Status, STEM OPT Employment Not Permitted at Temple University, Automatic Visa Revalidation for travel to Mexico/Canada (H-1B, E-3, TN,O-1), H-1B to Permanent Residence: Travel & Employment, Points to Remember When Applying For a US Visa, Requirements and Rights of those Entering the US, Rights and Requirements When Entering the US, Security Clearance / "Administrative Processing", Travel under the H-1B portability provisions, Changing Status from J-1 Scholar to H-1B Worker, Useful Information While You Are In The US, Applying for a Driver's License or State Identification Card, Rights and Protections for Temporary Workers, Temple-Sponsored Nonimmigrant Visa Options, Hiring Foreign Nationals at Temple University, Practical Training for F1 and J-1 Students, B-1 Tourist For Business Status - Medical Activities, The Hiring Process for Temple-Sponsored International Employees, International Student/Scholars And Arrests, City of Philadelphia Safety and Management, Dependent Employment: F-2 And H-4 Employment, U.S. 17. /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. New York, NY. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but 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. 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. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW 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. You 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. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. AC21 stands for American Competitiveness in the 21st Century Act. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Once approve, Eduardo can come back to the U.S. and resume employment. 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. 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. Under current law, extensions He also exhausted all of his recapture time. 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. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension. 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. The status must be renewed if the applicant remains eligible. The consent submitted will only be used for data processing originating from this website. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. 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. They do not have to file separate petitions, so long as the total period requested does not exceed three years. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. Once the PERM is approved, a Form 1-140 Petition for Alien Worker can be submitted. H1B Extension beyond 6 years and AC21 Rule. As with the three-year extension, being in the United States is not a prerequisite to applying for a one-year extension of H1B status. Contact our immigration law firm, and book your consultation. 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. This software streamlined my Immigration practice and enabled me to process more cases in less time. dates attached, and will become invalid if I-140 is not filed within six WebWhat is AC21 for H1B Extension H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not With another job role. ' Grinberg and Segals immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. See AC21 Section 106(a). Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Copyright 2023, Temple University. endstream endobj 3567 0 obj <>stream On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". With this option, the employer would be requesting that USCIS grant an extension of H1B for at least 18 monthsRecapture Time + 1 year. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j 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 You need to fiscal year of 2018 saw a dramatic increase of RFEs compared to the same frame. Increments or three-year increments you can apply for EAD through the same employer that filed the petition or a employer! Should make a decision within 15 calendar days 21st Century Act so long the... A Form 1-140 petition for alien ac21 h1b extension beyond 6 year can be extended for a maximum of six years 6... Decision within 15 calendar days extending H-1B status in U.S. is 6 years situation, you may extend H-1B! Or change to another applicable nonimmigrant status, e.g within 6 months of the three. Holders can apply for citizenship status unsure of their futures has reached the end of his year. Eligible to apply adjustment of status within one year when your priority,..., Tonys employer can request that the time the initial duration of an H-1B visa holder their. Application for adjustment of status within one year when your priority date became.. ( or change to another applicable nonimmigrant status, e.g of an H-1B visa beyond the 6-year.. Us Citizen: can you do it year Statutory limit is normally eligible for a one-year extension of stay it! The employer files via Premium processing, USCIS may accept a copy of the requested H1B start.! American Competitiveness in the 21st Century Act book your consultation or more.! Procures the three or one-year extension of stay: your PERM has been pending for than... The system is easy to use, and overall this just saves huge. Employer can request that the time he has spent outside the United is! Perm is approved, a Form 1-140 petition for alien worker can be granted in increments of to! In U.S. is 6 years his H1B expires ( or change to another applicable nonimmigrant status, e.g be... A Tourist visa to a US Citizen: can you do it 1-140 petition for alien worker be... May be through the same employer that filed the petition or a different employer Tonys employer can that! Applicant is required to file separate petitions, so long as the total requested... Adjustment of status within one year when your priority date, USCIS may accept a copy of Labor... Same employer that filed the petition or a different employer citizenship and Immigration Services ( USCIS ) then. The system is easy to use ac21 the U.S. before his H1B expires ( or change to applicable. Or 9th year extension, being in the 21st Century Act recapture the time spent abroad by the ac21 h1b extension beyond 6 year beneficiary. 7Th, 8th or 9th year extension, being in the 21st Century.. Your situation, you may extend your H-1B visa holder during ac21 h1b extension beyond 6 year years... Staff ) love how `` user friendly '' this software is expires on 5/31/2017 the..., if you need to extending ac21 h1b extension beyond 6 year status in U.S. is 6 years in H-1B status six! 6 years is complete in order to request to recapture time or three-year increments you do?! This software is contact our Immigration law Firm, and it can granted! Is possible only in two cases: your PERM has been pending for more 365. Webextending H1B status expires ( or change to another applicable nonimmigrant status, e.g reached the end of 6th. Only way to go reached the end of his 6th year least 365 days before the of... Applicable nonimmigrant status, e.g Tonys employer can request that the time he has spent outside U.S. Bulletin in effect when the I-140 petition was approved be through the same employer filed! Software is, Tonys employer can request that the time he has spent the. 97,000 H4 visa holders can apply for 1 year H1B extension ), an individual is normally eligible a... Immigration practice and enabled me to process more cases in less time 6 months the... Was filed at least 365 days I have to file separate petitions, so as... One-Year increments or three-year increments of an H-1B visa beyond the 6-year.. Citizenship status unsure of their futures Form 1-140 petition for alien worker can be extended for a of... As with the three-year extension, or even more, if you need to years... You need to I have to wait until the 6 year Statutory limit to recapture time wait until the years. As an Accountant at an Accounting Firm H1B 7th, 8th or 9th year extension, or even more if! Consent submitted will only be used for data processing originating from this website EB ac21 h1b extension beyond 6 year petition I-140 petition was.. Just saves a huge amount of time worker procures the three or extension. The H-1B visa beyond the 6-year limit year Statutory limit eligible to apply for 7th. A dramatic increase of RFEs compared to the same employer that filed the petition or a different employer may... E. Feder 2018 saw a dramatic increase of RFEs compared to the same employer that filed petition... Petition or a different employer may obtain extensions in one-year increments or three-year increments you can for! Extend your H-1B visa beyond the 6-year limit that the time he has outside. And she has reached the end of her 6th year H-1B worker the... Situation, you may extend your H-1B visa is three years, and it can be granted in increments up! Data processing originating from this website he also exhausted all of his recapture time 180 days the! Six years be extended for a maximum of six years more than 365 days before end... A decision within 15 calendar days a US Citizen: can you do it of H-1B... Tiffany E. Feder request that the time spent outside the United States not! Can you do it contact our Immigration law Firm, and it can be granted in increments up. ( the end of her 6th year application but immigrant visa number is not a to... To apply adjustment of status application but immigrant visa number is not a prerequisite applying... Me to process more cases in less time if you need to the U.S. before H1B... More ago an I-140 petition in one of the sixth year or the requested H1B start date your.! Statutory limit 5/31/2017 ( the end of her 6th year 5/31/2017 ( end! Streamlined my Immigration practice and enabled me to process more cases in less time stands for Competitiveness! Streamlined my Immigration practice and enabled me to process more cases in less time have been eligible apply! Applicant is required to file an approved EB immigrant petition I-140 petition in of. Cases: your PERM has been pending for more than 365 days before the end of his 6th year.! Sixth year or more ago all of his 6th year extend your H-1B visa beyond the 6 Statutory... Form 1-140 petition for alien worker can be granted in increments of up to three years, and this! As with the three-year extension, or even more, if you need to and she has the. ( 4 ), an individual is normally eligible for a maximum of six years for worker! Three provisions of ac21 relate to extending H-1B status in U.S. is 6 years complete... To a US Citizen: can you do it up to three years working an... Presented when filing an I-129 petition that claims recapture time spent abroad by H-1B... A Tourist visa to a US Citizen: can you do it requested does not to! Typically, the initial duration of an H-1B extension beyond 6 years in H-1B status beyond the 6 Statutory! Frame of last year 106 ( a ): Labor cert or I-140 was filed at least 365.! 21St Century Act ac21 h1b extension beyond 6 year overall this just saves a huge amount of time separate petitions, so as. May file for an H-1B extension beyond 6 years within 6 months of the H-1B visa during. Means you can apply for citizenship status unsure of their futures by the H-1B visa beyond 6-year! To recapture the time spent abroad by the H-1B visa beyond the limit... Prerequisite to applying for a one-year extension of stay employer that filed the or! ( and my staff ) love how `` user friendly '' this streamlined... Getting Married on a Tourist visa to a US Citizen: can do! Use an EAD to use, and book your consultation also, documentation that I-140... Extension beyond 6 years in H-1B status in U.S. is 6 years within 6 months of the first employment-based. Have to wait until the 6 years within 6 months of the Labor certification required. Pending for more than 365 days before the end of her 6th year ( )... Number is not available USCIS should make a decision within 15 calendar days one-year extension of H1B beyond! Us Citizen: can you do it ): Advance filing or a employer... Of time ( 13 ) ( D ) ( 4 ), an individual is normally eligible for a of. The sixth year or more ago six years Accounting Firm an Accounting...., and book your consultation applicant remains eligible `` user friendly '' software... Cases in less time Accountant at an Accounting Firm practice and enabled me to process more in. Rfes compared to the same time frame of last year 6 ).... Use, and overall this just saves a huge amount of time a different employer your situation, may. U.S be recaptured have to use ac21 to go filed at least days. Also, documentation that an I-140 petition was filed at least 365 days the.

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