The AC21 § 104(c) permits non-immigrants with approved I-140 petitions who are unable to adjust status because of per-country limits, to be eligible to extend their H-1B nonimmigrant status until their application for
adjustment of status has been adjudicated. You can extend stay beyond 6 years in H1b status, provided if they have an
employment based green card petition and are not eligible to file adjustment of status application only because you are from a country for which priority date is not current. The extensions of stay under AC21§104(c) shall be made in increments of three years
In order to apply for an
H-1B visa extension beyond maximum 6-year limit, the petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary's current employer or a new employer. The rules and fees for processing the H1B visa extension petition are same as that of processing the
H1B visa.
