AC21 eligibility

[hgandhi204]

Hello Gurus,

My wife has been on H-1B since 2 years and her I-140 has been approved since july 2012. Since the new rule is under construction for H-4 dependents to be eligible for EAD we had a question that we couldnt find the answer for.

Question: Is my wife eligible for AC21 petition for her h1 extension next year before she has completed her 6 years in h1 or she has to extend her her H-1 under regular extension process and she is only eligible when her 6 years of extension are complete??

Thanks

Hardik

[Attorney_11]

AC 21 extensions of H-1B status are typically only required when an individual needs an H-1B extension beyond the sixth year. Having said that, an individual is eligible for such extensions if they are the beneficiary of a Labor Certification filed 1 or more years before the completion of their sixth year in H-1B or are the beneficiary of an approved I-140 petition which is in a backlogged immigrant category.