AC21 exemptions, I-140 approval strategy, recapture time, and per-country backlog — your complete 2026 roadmap
Most H-1B holders know the clock starts ticking the moment their first H-1B is approved: six years total, then you must leave the U.S. for at least a year. But tens of thousands of workers — especially those born in India and China — face green card backlogs stretching 10 to 50+ years. Under AC21, two separate provisions allow H-1B extensions well past the six-year cap.
| Company | H-1B Filings | Extension Support |
|---|---|---|
| Amazon | 55,150 | Strong PERM pipeline, dedicated immigration team |
| Microsoft | 34,626 | Early I-140 filing, 3-year extension standard |
| 33,416 | Full legal support through dedicated PERM team | |
| Infosys | 32,840 | High volume extensions, backlog-aware policy |
| Tata Consultancy Services | 28,950 | Dedicated immigration ops for 6+ year cases |
| Cognizant | 26,700 | PERM-first strategy for Indian-born employees |
| Deloitte | 18,200 | Structured GC sponsorship with PERM tracking |
| Apple | 15,800 | Early PERM initiation at 2-year mark |
AC21 Section 106(a) allows one-year H-1B extensions for workers whose PERM has been pending for 365+ days. Section 104(c) allows three-year extensions once an I-140 is approved and a visa number is unavailable. Workers can chain these provisions indefinitely.
As of early 2026, the EB-2 India priority date sits at January 2013 — meaning workers who filed PERM in 2013 are only now getting green cards. Workers born in India filing PERM today should expect to require AC21 extensions for 20 to 40 years.
Recapture time is a frequently overlooked tool. Any time spent outside the U.S. during an H-1B period can be "recaptured" — meaning the clock effectively paused during those absences.
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Search H-1B Sponsors on Wisa →Yes — under AC21 Section 106(a), you can receive 1-year extensions if your PERM has been pending for 365+ days. You do not need an approved I-140 for this exemption. Once your PERM and I-140 are approved, you transition to 3-year extensions under Section 104(c).
If you change employers, you may lose the ability to use the old employer's PERM or I-140 for extension purposes — unless you have an approved I-140 filed over 180 days ago, in which case AC21 portability may apply. The 1-year extensions under 106(a) are tied to the specific pending PERM.
Recapture time accounts for any period during your H-1B validity when you were physically outside the U.S. For example, 90 days abroad over 6 years can be recaptured. Your attorney submits a detailed travel history with passport stamps and I-94 records.
Maintain H-1B extensions through AC21, evaluate EB-1A (no PERM, no backlog for India), consider EB-1C (multinational manager), pursue O-1A as alternative non-immigrant status, or explore EB-2 NIW self-petition.