Dr. William:

My H1-B 6 year time limit will be reached next year January, but my I-140 petition is still pending. can I apply for H-1B extension according to AC-21?

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A:

USCIS has provided some guidelines on part of the new laws AC21 (American Competitiveness in the 21st Century Act). Based on a recent USCIS memo, people who are waiting for their dates to become current can file for H-1 extensions past six years of H-1 at the I-140 stage. For spouses and children of such H-1 holders, H-4 extensions will also be available.