Free · 60 seconds · the most under-known H-1B protection
How many years of H-1B do you actually have left?
If your I-140 has been approved 180+ days AND your priority date isn’t yet current, AC21 §104(c) lets a future employer extend your H-1B in 3-year increments past the standard 6-year cap, indefinitely until your green card is current. India-born EB-2 holders often have 3-5 more extensions ahead of them.
Your I-140 + PERM facts
Pull the I-140 approval date from your I-797 approval notice. PERM filing date is on the certified ETA-9089. Priority date is usually the PERM filing date for EB-2/EB-3.
Usually the PERM filing date for EB-2/EB-3.
From your most recent I-797.
Information only
Backlog estimates use May 2026 USCIS Visa Bulletin trends. Your actual wait can vary based on monthly bulletin movement, EB-2 ↔ EB-3 downgrade strategy, and per-country annual caps. Confirm with an immigration attorney before relying.
Your AC21 protection
AC21 §104(c) eligible
4 more 3-year extensions · ~9.3 years until priority date current
Strong protection. Your I-140 + AC21 §104(c) means a future US employer can extend your H-1B in 3-year increments indefinitely until green card is current. Focus your transfer search; you have negotiating room.
Insights
- You qualify for AC21 §104(c) 3-year H-1B extensions. Any future US employer can file I-129 + I-140 reaffirmation; you keep your priority date and effectively have indefinite H-1B until your green card is current.
- Your I-140 is mature (180+ days approved), which ALSO unlocks Compelling Circumstances EAD as a parallel option (1-year work authorization, renewable).
- At your priority date age and country backlog, you have approximately 9.3 years to wait for green card current — translating to ~4 more 3-year H-1B extensions.
Bonus: Compelling Circumstances EAD
Your mature I-140 also unlocks Compelling Circumstances EAD — 1-year work authorization (Form I-765 category code C(35)) for I-140 holders facing compelling circumstances (medical, employer dispute, significant financial loss, school disruption). Renewable in 1-year increments. See glossary entry or the grace calculator for filing details.
Want this in writing?
The Standard Plan ($29) includes a personalized 60-day plan with your specific AC21 + Compelling Circumstances analysis written up for any future employer or attorney to reference.
This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.