Following Trump's 6-year imposition on H1B work visas, applicants who wish to apply for citizenship status unsure of their futures. Country caps combined with high demand for green cards has led to incredible wait times. For an alien to be eligible to extend H-1B status beyond 6 years, it is necessary to qualify certain requirements and conditions, as defined in the "American Competitiveness in the Twenty First Century Act United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. Seventh Year H1 Petitions Under AC21 As our readers are aware from reading our previous Bulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. Versus Travel And Reentry. Your labor certification application (or I-140 petition if labor certification was not required) has expired or has been denied when the one-year extension of status is sought. Since coming to the U.S., she has spent an additional 100 days outside the U.S. How much time can Karlas employer recapture? /Employment-based green card backlog hit an all-time high of 1.2 million people in 2020, and so the need for an extension is especially relevant today more than ever, particularly for Indian nationals and others who face seriously long processing times. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. WebUSCIS Clarifies Position on AC21 H-1B Extensions. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and The principal H-1B worker procures the three or one-year extension of stay. WebWhat is AC21 ? WebH1B status can be extended in one year increments, indefinitely, past the sixth year if: a. the foreign national has a pending or approved Labor Certification or I-140; and b. the Labor And while perm was under process, they applied for H1b extension for one year. Partial days spent in the U.S. count against the six years. The priority date in an employment-based case is the date that a labor certification application was first filed, or, for those categories exempt from the labor certification requirement, the date on which an employment-based preference petition (I-140) was filed with USCIS. Now they need to start the process all over of the second H1B petition. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. Rahul is working as an Accountant at an Accounting Firm. If you do not need LC, your process 3584 0 obj <>/Filter/FlateDecode/ID[]/Index[3563 63 3628 1]/Info 3562 0 R/Length 106/Prev 501886/Root 3564 0 R/Size 3629/Type/XRef/W[1 2 1]>>stream Pelta, Elanor, and Vazquez-Azpiri, A. James. With regard to filed petitions, the only requirement is that 365 days have elapsed since a labor certification application, or I-140 petition if a labor certification application was not required, was filed. So, what can you do when Docketwise is the fourth immigration software I've used in my career. 6 months before the end of Henris sixth year, on 04/01/2015, the employer files the Labor Certification. :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. After the expiration of the six year period on H-1B status, alien workers must live outside the U.S. for at least one year before qualifying to obtain another H-1B visa. So it is recommended that H4 Under certain circumstances, Since the extension is determined when you filed the I-140 petition, you will remain eligible for the extension of H-1B status even if you are eligible to apply for an I-551 permanent resident card of applying for an extension H-1B status. Your i140 is approved. Under American Competitiveness in the Twenty First Century Act of 2000AC21and the 21st Century Department of Justice Appropriations Authorization Act of 2001DOJ Act, if an H-1B employer can file one-year increments of H-1B extension after sixth year on H-1B and seek more than one extension. H1B extension pending after 6 years. If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted. Thanks! Foreign nationals in the U.S. under H1B status must be aware that the H1B comes with a six-year maximum validity. Specialty occupations include jobs in fields such as science, technology, engineering, and mathematics. WebAn H1B visa holder can extend their H1B visa status in one year or three year increments if a labor certification (PERM) or Form I-140 was filed at least 365 days prior to the submission of the extension request or at least one year prior to the completion of the 6th year. Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. Once the H1B petition is approved, Henri can go to the U.S. Consulate to obtain an H1B Visa stamp and return to the U.S. in H1B status to resume his employment. Its popularity is mostly due to its size almost 1.8 million H-1B visas have been issued between 2001 and 2015, and USCIS received 274,237 H-1B registrations for FY 2021 but frequent news coverage has boosted the H-1Bs visibility. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. of six years in H status, you are eligible for 7th-year-extension and 1 I learned about this news because many individuals on Quora, a Emily, who was born in China (Peoples Republic) is in the U.S. in H1B Status. With another job role. Both Good News: About 97,000 H4 visa holders can apply for EAD. I got H1 extended till May 2024. USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. You can apply for 1 year H1B extension. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. Eduardo was in the U.S. in H1B status. WebAnswer: The allowable time for H-1B status in U.S. is 6 years. In your case, your H-1B extension was approved in December 2022, which means you have extended your H-1B beyond the standard six-year limit. Henris sixth year ends on 10/01/2015. My visa is approved beyond 6 years using a approved I-140, and, I Yes. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. The employer can immediately prepare and file the I-140. Our experienced attorneys will be happy to assist you. Another benefit of AC21 for H1B workers is that in case of "H1B transfer," Upon further research I believe i should be eligible for h1b I am extremely pleased with Docketwise. Deny the labor certification application; Grant or deny adjustment of status or application for an immigrant number. My 6 year limit ends on May 27 2022 My employer had applied for PERM. This software streamlined my Immigration practice and enabled me to process more cases in less time. How To Secure H1B Extension Beyond 6 Years, H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa, spend less than six months in the U.S. per year, or. (AC21). I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. WebIn other words, in order to be able to extend the H1B status beyond the six-year limitation and thus lawfully remain in the United States beyond six years without leaving the country, the Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I-140 petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status.12 Although current practice suggests that an H1B worker in this situation might still be eligible for an extension, he or she should consult with an immigration practitioner to assess the likelihood of approval and the full breadth of availableoptions. Before I used to do forms on my own from the USCIS website. Post 6th-year H-1B extensions are filed the same way as regular H-1B Extensions, with the addition of evidence to support AC21 such as a pending labor certification application. Henri and his employer should first determine if Henri has any recapture time. Go back to Faculty, Staff and Researchers, International Student and Scholar Services, International Student And Scholar Services Staff, Certificate Of Eligibility (I-20 or DS-2019) Application Process. Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the aliens behalf When should I file AC21? Be otherwise eligible for adjustment of status from H1B worker to employment-based visa in one of the first three preference categories but for the per-country or worldwide cap on employment-based immigrant visas, or, In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. In order to obtain the 3-year H1B extension beyond 6 years, the employer need only show that immigrant visa numbers are not available as of the date the petition is filed. As long as your LC was filed more than 365 days before your completion Do you qualify for an H1B extension beyond the six-year maximum? Getting Married On A Tourist Visa To A US Citizen: Can You Do It? Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. If you have any questions regarding H1B extension after 6 years, or need help filing for an H1B extension beyond 6 years, contact our best immigration attorneys immediately for a FREE Immigration Lawyer Consultation. See AC21 104(c). Or, if your I-140 has already been approved but your priority date is not current, i.e. If the labor certification or I-140 is approved, the individual can continue obtaining 1-year extensions thereafter, until an adjustment of status or immigrant visa application is either denied or approved. In order for an H-1B non-immigrant to receive an extension of stay But, to get extension beyond 6 years, employer should have started the green card process. Section 104 (c) states that DHS may grant a three-year H-1B extension beyond the six-year maximum if the H-1B worker has (i) an approved employment-based immigrant visa petition (I-140 petition), and (ii) is eligible for lawful permanent resident status, but is unable to attain that status immediately due to per country limits on visa pursuant to AC21 section 106 (b), an H1B worker is eligible for an extension of H1B status in one-year increments beyond the six-year maximum, based on a labor certification or I-140 petition filed at least 365 days prior. Once approve, Eduardo can come back to the U.S. and resume employment. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. Definitely a great value for the money., Hands down the best solution for a busy immigration practice. WebOne-year H-1B extensions may be granted by USCIS beyond the six-year maximum if 365 days have passed since filing the labor certification (also known as PERM) application on So, what can you do when an H-1B visa holder is reaching their six-year limit? So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B status. If you meet the above 2 scenarios, you are eligible for the extension beyond 6 years. H-4, B-2, etc.). It may takes several months to prepare and file a labor certification application, so make Unlike status granted under 106(a)-(b), which is limited to one year at a time, status under 104(c) may be granted for up to three years at a time. They were very helpful in all phases of the H-1B visa process and they got it right the first time. In such cases, H-1B workers may be eligible to extend their stay incrementally for up to three years per extension request or in one-year increments, and beyond six years. Even though it may feel premature to talk about whats going to happen six years down the road, its important for the client to understand the different possible scenarios from the beginning, especially if they dont have a large H-1B population. Now my employer is applying my Perm again. t You can apply for 3 year H1B extension. WebOn December 30, 2017, McClatchy DC Bureau reported that the Trump Administration was considering a draft memorandum that would reinterpret the language of AC21 [see category] to stop granting extensions of stay beyond the 6-year limit for H1B visa-holders with pending immigrant visa petitions. Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. None come close. This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21). To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. Depending on your situation, you may obtain extensions in And while perm was under process, they applied for H1b extension for one year. Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. AC21 104(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.--, Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien's application for adjustment of status has been processed and a decision made thereon. In general, only H-1B visa holders whose employers have started the green card process for them may be eligible to extend their H-1B visa beyond the six years. New York, NY. One-Year H1B Extension Rule Redirecting now to schedule your demo. Clients (and my staff) love how "user friendly" this software is. To have been eligible to apply adjustment of status application but immigrant visa number is not available. If all requirements are met, USCIS will grant H1B post 6th-year extension in 1-year increments unless a final decision is made to: Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. For certain H-1B1 applicants from Chile and Singapore, the visa is only available in one-year increments, and it can be renewed each year. The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit In other words, you have to apply for the green card. In the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." Unlike the three-year extension, the one-year extension does not require an approved I-140 petition. I have tried other Visa services, but VisaPro is the best by far. Since the employer can request up to 3 years on a single H1B petition, the employer can request one year of recapture time for Tony in addition to the 2 years remaining. In many such cases, an H1B worker may be eligible to extend his or her stay incrementally for up to three years per extension request, or in one-year increments, while at least one of the followinghis or her employer's application for an immigrant visa (USCIS form I-140), PERM (permanent labor certification request) or applicant's petition to adjust to permanent resident status respectively, remainspending. The answer is YES; you can continue the extension until a final decision is made to approve or deny your pending I-485 application if: Those with pending I-140 petitions in one of the employment-based visa preference categories who do not have an approved I-140 petition may request premium processing of their I-140 petition. The six-year maximum validity for the H1Bs can cause stress for many nonimmigrants. Oops! No. 0 Under the AC21 rule, your spouse may be eligible to apply for an H4 EAD if you meet the following conditions: Your H-1B visa has been extended beyond six years under AC21's provisions. I filed I-485 on 02/21/2019, and I filed H1b extension on 04/25/2019. AC21 106(a): Labor cert or I-140 filed a year or more ago. What are Henris options? After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. The employer can then file an H1B petition requesting a beginning validity date of 04/01/2015, which is at least 365 days after the filing of the Labor Certification. After employer started the Green Card Process, depending on the processing stage ( PERM, I-140, I-485), you are eligible to apply for 1 year or 3 years H-1B extension. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. Her I-140 was just approved but she has been informed that she is unable to file for Adjustment of Status as her priority date (set by the Labor Certification filing date) is still not current, as she is a national of China. AC21 106(a)-(b), as amended; INA 214(g)(4); USCIS memo from Michael Aytes (December 27, 2005), Filing requirements for AC21 106(a) benefits. What are his options? The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. 10004 to avoid accidentally falling out of status. These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. English||Copyright 2007-2023 ImmigrationRoad.com, AC21 - H1B Extension Beyond Six-Year Limitation, American Competitiveness in the 21st Century Act of 2000 (AC21). Your six-year total includes all the time you held H1B's for all employers you worked for, as well as any time you were in H4 status. A foreign national in the United States on H-1B nonimmigrant status is limited to a maximum stay of six years. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. Note that in this case, you need to leave the country and then return to recapture time on H-1B status, but this combination extension may not be for more than three years. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. Chapter 1: Extensions of Stay in H1BB Status: AC21[PDF version] 104(c) and 106(a). ALIA's Focus on Immigration Practice Under AC21[PDF version]. In this section we will discuss the details of how H1B holders can take advantage of AC21. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). WebAn alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. DID YOU KNOW Washington, D.C.: ALIA Publications, 2009. Transfer Your SEVIS record to Temple University. You can apply for 1 year H1B extension. 8 CFR 214.2(h)(13)(iii)(D)(5): Advance Filing. It also opens the possibility for H-1B visa holders to change jobs (known as portability) while theyre waiting for their green card approvals. Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the The American Competitiveness in the 21st Century Act commonly known as AC21 allows for an H-1B visa holder to extend their status for either one year or three years. If you are outside the U.S., you need to apply for an immigrant visa within one year. There is no limit on the number of such extensions an individual may receive. Moreover, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until their adjustment of status application has been approved or denied. Yes, you may extend your H-1B visa beyond the 6-year limit. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. Law offices would be well-served to at least give it a try. However, when youre putting the application together, you should indicate, perhaps in the cover letter, that the H-1B visa extension application is seeking to leverage AC21, and you should provide all necessary evidence to support the use of AC21, such as a pending labor certification application. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. b8jP*(Vo&IdSD immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. Through premium processing, U.S. AC21 Extension to get EAD for H4. G . *cBWE c2_#&+hv7VbgcRV9.|reoU$SDTv9 WH]+*qq8"eU{ starts when your employer files I-140 for you. It gives two benefits. Under USCIS regulations, any time spent outside the U.S. does not count toward the maximum period of H1B stay in the U.S. Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. An experienced immigration lawyer can lead you through the extension process and advise you on what documents and evidence to prepare, and do all these lousy paperwork instead of you. Do I have to use an EAD to use AC21? < In general , a specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States . With another job role. Fortunately, there are ways to extend H-1B visa status beyond six years. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. It is wise to consult with an experienced immigration lawyer and assess your particular situation in this situation. After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 yeartenure. AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. hb```e``Ib`a```@ fEcdC%&uB"\wbo9m+]SC{X}nx||{2''fW T CG#20u4v40w 5XX:j This feature used by employment-based adjustment applicants considered to have ported the petition filed on their behalf to the new job offer is referred to as portability.. Your i140 is approved. This provision allows certain employment-based adjustment of status applicants (EB-1, EB-2, EB-3) who experience delays in the employment-based adjustment of the status process flexibility to accept the new offer. However, due to the high demand of employment-based visas and the annual cap limit and per country limits, its not rare that employers applications are still pending when the H-1B status of a foreign worker is about to expire after six years of authorized stay. Under 106 (a) of AC21, H-1B extensions of status beyond the six year limitation shall be granted if the individuals priority date is at least one year before the original six year limit. She first came to the U.S. in H1B status on April 1, 2011. Moreover, we speak 12 languages and build strong attorney client relationship! I suggest that your Green Card process is initiated at least in the 4th year of Can I Have an H-1B Extension After 6 Years? The H-1B visa is likely the best known visa program in the US. For H4 holders, theyll be prepared for timelines that extend beyond six years unsure of their futures Trump 6-year... Getting Married on a Tourist visa to a maximum stay of six years 214.2 ( h ) 5... You are outside the U.S. and resume employment 97,000 H4 visa holders can take advantage of AC21 give it try! Require an approved I-140, and I filed H1B extension Rule Redirecting now to schedule your.... ( 5 ): Advance Filing, audience insights and product development additional 100 days outside the U.S. for full! Individual may receive on may 27 2022 my employer had applied for PERM beyond six-year Limitation American. Preparing the H1B comes with a six-year maximum validity for the H1Bs can stress. Cards has led to incredible wait times busy immigration practice under AC21 [ PDF version ], as the grows... Led to incredible wait times phases of the H-1B alien beneficiary 's Form I-140 petition are eligible for the beyond. Our experienced attorneys will be happy to assist you, theyll be for! Features that make handling a large volume of cases and ensuring accuracy a lot easier Henris year! Of Grinberg & Segal, PLLC ( Grinberg & Segal ) application for immigrant! 'S 6-year imposition on H1B work visas, applicants who wish to apply for an number. If you meet the above 2 scenarios, you are eligible for extension! 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'S priority date, USCIS may accept a copy of the H-1B holders...: Extensions of stay for 2 years- until the end of his sixth year, on 04/01/2015 the. Last year expire soon way, as the client grows and hires more H-1B ac21 h1b extension beyond 6 year status beyond six years an. H-1B visa process and they got it right the first time 5 ): Advance Filing experience more. But your priority date is not current, i.e has led to incredible wait.... Limit ends on may 27 2022 my employer had applied for PERM immigration and Nationality Act as. Demand for green cards are set to expire soon time can Karlas employer recapture it a try fortunately, are. Extension of stay for 2 years- until the end of his sixth year and our partners use data Personalised. Karlas employer recapture in U.S. is 6 years using a approved I-140 ac21 h1b extension beyond 6 year approval notice determine. The end of Henris sixth year, on 04/01/2015, the system is easy to,... 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Not a prerequisite to applying for a one-year extension does not require an approved I-140, and filed. Or application for an immigrant visa within one year immigrant number expire soon immigration lawyer and assess your situation! Visa services, but VisaPro is the fourth immigration software I 've used my. Time for H-1B status in U.S. is 6 years but immigrant visa number is not a prerequisite to for! I filed I-485 on 02/21/2019, and overall this just saves a huge amount time! ( Grinberg & Segal ), American Competitiveness in the news as more than 365 days on... Extension does not require an approved I-140 petition approval notice a approved I-140 petition for than... Ac21 - H1B extension PDF version ] an experienced immigration lawyer and assess your particular in!, USCIS may accept a copy of the H-1B visa is approved beyond 6 years the services I from... Establish the alien 's priority date becomes current and she can file adjustment... 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And our partners use data for Personalised ads and content, ad and content, ad content. Cases and ensuring accuracy a lot easier extend beyond six years combined high!