C21 memo

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C21 memo

In this section we will discuss the details of how H1B holders can take advantage of AC After six years, an H-1B temporary worker must stay outside the U. With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.

Another benefit of AC21 for H1B workers is that in case of "H1B transfer," they can start working for the new employer upon filing of the new H1B petition, i.

You may extend your H1B status annually in one-year increments if your green card process was started at least days prior to the day when you reach the six-year limit. Or, if your I has already been approved but your priority date is not current, i.

Your green card process begins when a labor certification LC application is filed on your behalf. If you do not need LC, your process starts when your employer files I for you.

C21 memo

As long as your LC was filed more than days before your completion of six years in H status, you are eligible for 7th-year-extension and beyond. But keep in mind that a labor certificate now has expiration dates attached, and will become invalid if I is not filed within six months of LC approval.

This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. Actually, the correct term is H status. However, the time you spent outside the U.

Where can I find an AC Form? There is no AC form, petition or application. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions.

Dependents of H1B nonimmigrants are also eligible for extending their H4 status beyond the 6-year limit. Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension.

So it is recommended that H4 dependents file I concurrently with H1 extension applications, to avoid accidentally falling out of status. Deny the labor certification application; Revoke an approved labor certification; Deny the pending I petition; or Grant or deny adjustment of status or application for an immigrant number.

C21 memo

Similarly, for beneficiaries with approved I petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I applications.AC21 §(c) Guidance for Aliens Subject to Per Country Visa Limitations Pursuant to AC21 §(c), an alien is eligible for an extension of H-1B status if the alien is the beneficiary of an I petition and would be eligible to be granted immigrant status but for the application of per country limitations applicable to immigrants under INA.

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Immigration Information Center: Visa, Green Card and Citizenship. AC21 allows H-1B beneficiaries to extend their H1 status beyond the six-year limit, in either 1-year or 3-year increments. AC21 is a law passed by President Clinton in - but the law never actually made it to the federal register and is followed by USCIS adjudicators through memos that are updated from time to time.

So the law as such is non binding - which means there is no harm in not following the law, though it can be challenged in court (I am not sure how).

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The USCIS issued a memo on May 30, regarding the provisions of the American Competitiveness in the Twenty-First Century Act of (AC21). The memo was issued by Donald Neufeld, Acting Associate Director, Domestic Operations at USCIS, and directed to the USCIS Field Leadership. The Memo.

AC21 FAQ - Immigration Wiki