Tagged #h-1b
Every article we've published on this topic, sorted by the agency's own announcement date.
AC21 §104(c): The 3-Year H-1B Extension Beyond the 6-Year Cap
When an approved I-140 in an oversubscribed category traps an H-1B worker past year six, AC21 §104(c) provides a 3-year extension. Here is the eligibility test, the documentary record, and the most common denials.
AC21 §106(a): The 1-Year H-1B Extension on a Pending PERM or I-140
Section 106(a) of AC21 lets H-1B workers extend in one-year increments past the six-year cap if a PERM or I-140 has been pending for 365+ days. Here is the eligibility test and the §104(c) handoff.
H-1B Amendments After Matter of Simeio: When a Worksite Change Requires a New Petition
How Matter of Simeio Solutions, LLC, 26 I. & N. Dec. 542 (AAO 2015) reshaped H-1B amendment practice — when an amended LCA isn't enough, the change-of-employment rules at 8 CFR 214.2(h)(2)(i)(E), and the short-term placement and 'non-worksite' exceptions.
H-1B Labor Condition Application: Wage Levels I–IV and the 10-Day Notice Posting Window
How OFLC assigns H-1B wage levels I–IV on Form ETA-9035, the four attestations on the LCA, the 7-day filing window before a certified LCA can be used, and the 10-day worksite notice requirement at 20 CFR 655.734.
H-1B: Cap-Subject vs. Cap-Exempt Employers and the F-1 Cap-Gap Extension
Who counts as cap-exempt under INA §214(g)(5), how the 65,000 + 20,000 H-1B cap works in practice, and how the cap-gap rule at 8 CFR 214.2(f)(5)(vi) keeps F-1 students working through October 1.
Managing Visa Retrogression: AC21 H-1B Extensions, CSPA Age-Outs, and Section 204(j) Porting While EB-2 India Sits at 2013
What practitioners and beneficiaries do during a multi-year priority-date wait — H-1B extensions beyond the sixth year under AC21 §§ 104(c) and 106(a), CSPA age-out calculations under INA § 203(h), I-485 portability under INA § 204(j), and reading the DOS Visa Bulletin.