Request for “One- Time Protection†Under AC21 104 ( C ) :
The AC21 104 ( C ) enables H-1B non-immigrants with approved I-140 petitions who are Under §104(c) of the American Competitiveness in the 21st Century Act (“AC 21) a person under the H-1B status may work beyond the statutory six-year cap in increments of three years under certain circumstances. The provisions of § 104(c) permit a person to stay beyond the six-year period for those H-1B non-immigrants with approved I-140 petition 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 and that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA §203(b)(1), (2), or (3) (an employment based (“EBâ€) petition); and
(b) be eligible to be granted that status except for the per-country limitations.
An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. §1184(g)(4), INA§214(g)(4).
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