USCIS has released a May 12, memorandum interpreting a Yates notes that prior AC21 guidance memoranda remain in effect and the. Mr. Yates indicates that the proposed regulation may be more restrictive than the memo. The USCIS has not even issued proposed AC This issue is addressed in a USCIS memo discussed in our May 27, article, Yates May Memo on AC21 and Is, as well as our.
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USCIS Memo On Remainder Time And Other H Time Determinations | NAFSA
The Neufeld Memo does not appear to contradict the interpretation in the Yates Memo. With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U. Under that provision, so long as a labor certification was filed days prior the expiration of the H-1B sixth year, the H-1B status could be extended in one-year increments.
This provision can be relied upon even if the labor certification was filed within the days of the sixth year gates H-1B status. Your email address will not be published.
Can a spouse seek an H-1B extension beyond 6 years when the other spouse is the beneficiary of a timely filed labor certification? Dependents of H1B nonimmigrants are also eligible for extending their H4 status beyond the 6-year limit.
AC21 allows beneficiaries of H-1B petitions to extend their H-1B status beyond the maximum limit ac12 six years while the permanent residency process has not yet been completed.
USCIS Interim Guidance On Processing Benefits Under AC21
If the USCIS yatew that an H-1B alien beneficiary has ceased to be employed in a cap-exempt position after a new cap-subject H-1B petition has been approved on his or her behalf, USCIS will deny any subsequent cap-subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap numbers are available.
If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on its merits. Your green card process begins when a labor certification LC application is filed on your behalf.
In fact, it states that Al Wazzan is consistent with the earlier guidance. Review the pending I petition ,emo determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within days.
USCIS Memo On Remainder Time And Other H Time Determinations
H-1B visa status is valid for a yatse of six years: Labor certifications that are approved on or after July 16, are valid for calendar days. However, the time you spent outside the U. Leave a Reply Want to join the discussion? In any event, the need to make such an argument will be obviated if the USCIS re-institutes premium processing for I petitions, thereby allowing for swifter approvals.
Or, if your I has already been approved but your priority date is not current, i. Leave a Reply Cancel reply Your email address will not be published.
In this section we will discuss the details of how H1B holders can take advantage of AC 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. Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension. Actually, the correct term is H aytes. Can an alien exercise portability after the adjustment of status application has been pending for more than days but the I petition either remains unadjudicated or has been yated After six years, an H-1B temporary worker must stay outside the U.
If a request for additional evidence RFE is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to. If it is discovered that a beneficiary has ported off of an unapproved I and I that has been pending for days or more, the following procedures should be applied: If the H-1B alien beneficiary ceases to be in the employment of a cap-exempt employer, then he or she will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
He is a frequent speaker and writer on various immigration related topics. But keep in mind that a labor certificate now has expiration dates attached, and will become invalid if I is not filed within six months of LC approval.
As long as your LC was filed more than days before your completion of six years in H status, you are eligible for 7th-year-extension and beyond. Note that a person’s eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed.
It remains to be seen whether the Nebraska and Texas Service Centers, which have sole jurisdiction over I petitions, will be amenable to follow the Yates Memo policy and allow beneficiaries who have ported to be able to respond to a request for evidence on an I petition so as to facilitate its approval.