American Work permit – Official Rules & Regulations of American Work Visa

Circumstances under which one can extend their H1B status

American competitiveness in the Twenty-First Century Act of 2000 provides for such extensions in two circumstances:

Under the new law American Competitiveness in the Twenty-First Century Act of 2000 section 104(c): a beneficiary of an employment based first, second or third preference petition who is eligible for permanent resident but for the application of the per country limits may obtain extension of the H1B status until the adjustment of status is decided. An H1B status can be renewed in one-year increments for the beneficiaries of any employment based petition until adjustment processing is completed as long as 365 days or more have elapsed since the labor certification application or immigrant petition was filed.

American Competitiveness in the Twenty-First Century Act of 2000 gives some advantages to people in adjustment of status over people in consular processing, but at least one of the law’s benefits may be usable in either context:

“The section 104(c) extension beyond the sixth year for individuals with employment based immigrant petitions filed but priority dates not current appears to be available only in the context of an adjustment of status”.

“The section 106(a) provision for extending H1Bs beyond the sixth year when permanent residence processing has taken too long can be read to apply whether the individual pursues adjustment or consular processing, since one can become eligible for its benefits if the petition has been filed”.

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