H1B Visa Beyond 6 Years - 7th Year Extensions explained

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(Anil Gupta) #1

The American Competitiveness in the Twenty First Century Act of 2000 (“AC21”) law allows H1B extensions beyond 6 years based on certain conditions.

H1B Extension beyond 6 year, No PERM Applied

H-1B Visa Time Recapture

You can re-capture the time you may have spent outside USA like on vacation. Count the number of days you were away and you can ask for H1B extension for those days.

H1B Extension after 6 years - PERM Applied

A. PERM or I-140 Petition Pending for 1 Year - 365 days

You can get your H-1B visa extended for 1 year increments prior to the approval of the PERM application or I-140 petition.

This is applicable even if your PERM is is AUDIT.

B. PERM Approved, Un-Expired, Was Filed 365 days or more prior to H-1B Extension

You can get your H-1B visa extended for 1 year increments prior to the approval of the PERM application or I-140 petition.


H1B 6th year extension without Premium Processing
H1B PERM applied in 6th year ending in 7 months. Can H1B be extended?
PERM application got Audit
H1B extension Visa stamping in Canada after passport renewal
(Sriganesh Chandrasekaran) #2

Hello Anil,

I am not sure whether this is the right post to ask this question. I am not able to find a proper thread for it. Apologies for that.

  • I work for a non-exempt H1B employer and they are going to file PERM in 2 weeks. My 2nd 3 year H1B expires January 2020. So, I think I can extend my H1B atleast by 1 year using AC-21 until my I140 gets approved. Am I right?

  • I am looking to switch my job to another non-exempt employer. As I have very limited time I cant afford them to start my GC process all over again. When will be the right time for me to switch jobs?

  • Can I switch job as soon as soon as my I140 gets approved? Will my old employer get notified about the H1 and the I140 transfer?

Thanks,
Sriganesh


Current PERM Processing time in Days
(Anil Gupta) #3

Hi @ssrigane

H1B extension in 7th year using AC-21 rule and PERM pending

Yes, you can opt for 1 year extensions if your PERM is pending on your H1B 6 year ending until your i-140 gets approved.

Switch H1B job as soon as I-140 is approved?

As per my opinion, the right time to change employer would be after 6 months of I-140 approval.
You can switch jobs anytime you want but if you leave before 180 days (of I-140 approval), your old employer can file for I-140 withdrawal and you won’t be able to extend the H1B then.

Employer notification of H1 and I140 transfer

No information is shared by USCIS with any of your employers. So, one employer will not automatically informed about your H1B transfer or I-140.
I-140 does NOT get transferred.

If you change jobs after your I-140, you will still need to re-start the GREEN card process with nee employer.
The I-140 is employer and job specific. So, if your I-140 does not withdraw the I-140 on your exit, then you will have to join them back at the time your GC priority date is current, if you want to file I-485 to get green card.

I-485 cannot be filed with new employer using the old employer’s I-140. Old employer;s I-140 is ONLY good for H1B extensions beyond 6 years.
For final Green card, you will either need current employer’s I-140 or will have to go back to work for OLD employer.

Does that answer your question?


(Sriganesh Chandrasekaran) #4

Hello Anil,

Thanks for the detailed explanation. If in case, the H1B applied by the new company gets denied, will I be able to continue work for my old employer (will my old H1B be still valid?).

Thanks,
Sriganesh


(Anil Gupta) #5

Old H1B remains valid only if your old company has not withdrawn it explicitly.

Legally, each company is bound by USCIS to inform them about H1B employee exit and withdraw the application.

So, the chances are high that old H1B would have been withdrawn by the time you decide to come back.


(Sriganesh Chandrasekaran) #6

Hello Anil,

My question is even before I start working for the new company. I can start working only after my new H1B gets approved right?


(Anil Gupta) #7

ok…there is no effect on the existing H1B applications if you have not moved to work for new employer.

Your existing H1B application is NOT affected by the H1B transfer’s approval or denial.
Its a completely separate application.


(Sriganesh Chandrasekaran) #8

Thanks for the quick reply.