H1B Extension After 6 Years

UT Evaluators

H1-B visas are limited to a total of 85,000 visas for each fiscal year; 20,000 out of which are restricted to foreign individual who have a master’s or any higher degree from the U.S. colleges or universities also known as H1B Cap.

H-1B visa is granted for six years but initially it is approved for 3 years and then with the extension application it is extended for more 3 years. What is advisable is to apply for GC as soon the H-1B gets extended for more than 3 years.

In the 4th or 5th year one can apply for the GC. The entire GC process is lengthy and time consuming. While the GC process is being carried out, you can stay in USA on the basis of the H-1B visa.

The maximum allowable period on the H1B visa is six years. However in some specific circumstances an H1 can be extended beyond 6 years.For H1B Visa Process Visit UT Evaluators.

American Competitiveness in the 21st Century Act of 2000 (AC21) and the 21st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status.

Under act AC21, H-1B non-immigrants can extend their H-1B status beyond 6-year maximum period if:

Case 1:

The H-1B non-immigrant is the beneficiary of an employment based (EB) immigrant petition I-140 or and holds an I-140 petition, which is approved.

However, an immigrant visa number is unavailable to the alien due to retrogression in the relevant category. In such a situation, the alien can extend their H-1B status in 3 year periods of time beyond the maximum of six years.

There is no need for a 365 day requirement.

Case 2:

To apply for permanent residence, an H-1B alien might choose to file Form I-140 (i.e. employment-based immigrant petition) or a PERM labor certification application.

If the H1B holder has filed for Labor Certification application or for an I-140 petition for Employment based green card at least 365 days before the end of his 6 year H-1B time limit and the application is still pending.

Then the H1-B holder can extend his or her status on an annual basis beyond the 6 year limitation. There is no upper limit to the total years under the extension as the immigration process is on-going.

If the worker filed one of these forms In other words, he won’t be forced to leave the country since he’s waiting for a decision on his immigrant petition.For more information on H1B visa check Kokoliko

Program Electronic Review Management (PERM) is electronic based application filing for filing labor certification applications for employment based green card.. Filing application through PERM requires less paper work and the process is fast.

It is strict and works on the basis of the pre-defined rules. The first PERM takes place approximately after 8 months of the application filing. This condition is only when there is no audit, in the case of the audit the time span can be of 2 years or more.

The requirements for PERM:

A. Prevailing wage

B. Job order and documents

The rejection of the PERM causes entire process to repeat from the beginning. There is no sure such guarantee for the acceptance of the PERM. There have been candidates who have filed application for more than 5 years and again have to repeat the entire procedure.

These candidates run behind the consultant companies for their visa filing and accepting. Filing the application before the time is must as the procedure can take more than expected time.

If your H-1B extension time period gets over and you do not get the PERM approval then you must leave the country. You cannot apply before one year. So the only to extend the H-1B after six years is to go for the GC approval.

Even with the H-1B extension there is an issue that your file application may or may not be picked in the lottery process. The H-1B extension is only possible after the expiry of first 3 years.

The total count of the H-1B for 6 years is dependent on how much you stay in USA.

Even when your visa application is rejected, it is advisable to keep all the documents.

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