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.








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