green card, extraordinary ability, outstanding researcher, national interest waiver, niw, h1B visa, j1 visa, j1 waiver, i140, i485, permanent resident, immigration, reference letter, request for evidence, request for initial evidence, rfe, requesting for evidence, eb2 niw, reccomendation letter,do it yourself, eb1, eb2, h1b, j1, i 485, form i485, perm, labor certification, perm recruitment, eta form 9089, form 9089, eta 9089 form, 9089 form, labor certification application

What Is the Requirement to Get H-1B One-year or Three-year Increment Extension?

Dr. William:

I have been in H-1B status for 5 years already. From your web site, I know that the H-1B status can be extended beyond six year limit, and there is a one-year increment extension, and another way is the three-year increment extension. What is the requirement to get H-1B one-year increment extension or the three- year increment extension?

A: USCIS has interpretation of the H-1B rules in favor of the H-1B holders, allowing the H-1B holders to maintain the H-1B status beyond six year limit without jeopardizing their immigration process. The AC21 rule allows H-1B extension in three-year increments beyond six year limit, if you have form I-140 petition approved and the immigrant visa number is not available for you in the Department of State's Visa Bulletin.

The AC21 also allows H-1B holders to apply for H-1B extension beyond the six year limit in one-year increments, if the your Labor Certification has been pending longer than 365 days before reaching 6th year of your H-1B, to be qualified for initial 7th year extension of H-1B status.




Green Card Apply Service - For All Your Immigration Needs	© Green Card Apply Service www.greencardapply.com