{"id":1925,"date":"2024-07-24T00:00:00","date_gmt":"2024-07-24T05:00:00","guid":{"rendered":"https:\/\/eaganimmigration.com\/extend-your-h-1b-visa-and-get-your-green-card-heres-how\/"},"modified":"2026-04-16T12:39:03","modified_gmt":"2026-04-16T17:39:03","slug":"extend-your-h-1b-visa-and-get-your-green-card-heres-how","status":"publish","type":"post","link":"https:\/\/eaganimmigration.com\/en\/extend-your-h-1b-visa-and-get-your-green-card-heres-how\/","title":{"rendered":"Extend Your H-1B Visa and Get Your Green Card: Here\u2019s How"},"content":{"rendered":"\nBy Natalie McQuilkin<\/span><\/b>\u00a0<\/span>\n\nThe H-1B visa is a temporary nonimmigrant visa that allows foreign nationals to work in specialty occupations in the United States. A major draw for foreign nationals applying for the H-1B visa is that it\u2019s a <\/span>dual-intent visa<\/span><\/a>, meaning you can live and work in the U.S. temporarily, or you can apply for a green card while on the visa. Because of this, the H-1B is a great choice if you want to gain work experience in the U.S. or if you hope to one day adjust your status and become a permanent resident.<\/span>\u00a0<\/span>\n\nUpon receiving the H-1B visa, you\u2019re allowed to work in the U.S. for a stint of three years initially. After that, your employer can apply for a one-year extension until you reach the visa\u2019s six-year limit. Then, you must \u201ceither switch to another visa category, leave the U.S. for at least one year before reapplying for a new H-1B visa, or pursue a green card to continue their stay and employment in the U.S.,\u201d an <\/span>article from Docketwise Immigration Software<\/span><\/a> explains.<\/span>\u00a0<\/span>\n\nFor those who want to apply for permanent residency in the U.S., the six-year duration of the H-1B visa might seem like plenty of time to apply for and receive a green card. However, if you\u2019re from a country with huge backlog of green card applications, like India or China, it can take years for USCIS to process these applications. As of July 2024, <\/span>USCIS is just now processing employment-based visa applications for Indian nationals from 2012<\/span><\/a>, as you can see in the chart below. This means it will be several years before they begin processing applications submitted in 2024.<\/span>\u00a0<\/span>\n\n\"H-1B\n\nAside from backlogs, the process of finding an employer who will sponsor you for an employment-based immigrant visa and your adjustment of status petition can take years.<\/span>\u00a0<\/span>\n\nSo, what can you do if you are nearing your six-year maximum and are still waiting for your green card approval?<\/span><\/b>\u00a0<\/span>\n\nIn this blog post, we\u2019re going to discuss the <\/span>American Competitiveness in the 21<\/span><\/i>st<\/span><\/i> Century Act of 2000<\/span><\/i>, more commonly known as <\/span>AC21<\/span><\/b>, <\/span>which allows those with the H-1B visa to work past the six-year maximum and change jobs while waiting to receive permanent residency.\u00a0<\/span><\/b>\u00a0<\/span>\n\nWhat is AC21?<\/span><\/b>\u00a0<\/span>\n\nAC21 was created in October 2000 with hopes of encouraging more H-1B workers to come to the U.S., as there was a shortage of skilled workers in the country at the time. Essentially, AC21 allows you as an H-1B worker to get an extension on your visa so you can continue working while you wait to receive your green card. This promotes job stability and minimizes gaps in your employment while also ensuring you maintain legal status while you\u2019re in the United States.<\/span>\u00a0<\/span>\n\nPreliminary Requirements for AC21<\/span><\/b>\u00a0<\/span>\n\nBefore you can consider AC21, you must be awaiting approval for your green card. This means you need a pending application to adjust status with an employer who has agreed to sponsor you for one.<\/span>\u00a0<\/span>\n\nThe first step in this process is becoming a beneficiary of an immigrant work visa. <\/span><\/b>The H-1B visa is a nonimmigrant visa, so it does not provide a pathway to residency on its own. Instead, you\u2019ll have to find an employer to sponsor you for a first-, second-, or third-preference employment-based immigrant visa.\u00a0<\/span>\u00a0<\/span>\n\nThe first-preference employment-based visa, or <\/span>EB-1,<\/span><\/b> is for <\/span>outstanding professors and researchers or certain multinational managers or executives<\/span><\/b>. Along with those positions, it accommodates <\/span>those with extraordinary ability<\/span><\/b>, such as those who have received a Pulitzer Prize or an Oscar, as we explain in <\/span>this post<\/span><\/a>. The <\/span>EB-2<\/span><\/b>, the second-preference employment-based visa, is designed for <\/span>those with an advanced degree or exceptional ability<\/span><\/b>. This can include engineers, medical professionals, business executives, artists, professors, scientists, and more. Finally, <\/span>EB-3,<\/span><\/b> the third-preference employment-based visa, is for <\/span>professionals, skilled workers, and other workers \u2013 or those who do not have job experience. <\/span><\/b>Common jobs for professionals and skilled workers include healthcare professionals, engineers, teachers, and informational technology specialists. \u201cOther worker\u201d jobs include housekeepers, janitors, factory workers, construction workers, and more.\u00a0<\/span>\u00a0<\/span>\n\nThe first step in applying for these employment-based visas is finding an employer who is willing to hire you, and then having that employer file a <\/span>Form I-140, or the Immigrant Petition for Alien Worker.<\/span><\/b> Your employer will also file a Department of Labor-approved <\/span>PERM labor certification<\/span><\/b>, which we discuss in <\/span>this blog post<\/span><\/a>, along with the <\/span>Form I-485, Application to Register Permanent<\/span><\/b> Residence or Adjust Status. <\/span><\/b>Once these steps are complete, you\u2019ve already crossed off <\/span>USCIS\u2019 first two requirements<\/span><\/a> for AC21 eligibility:<\/span>\u00a0<\/span>\n