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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Actually, the correct term is H status.

Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Note that a person’s eligibility for 3-year memi 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.

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.

After six years, an H-1B temporary worker must stay outside the U.

USCIS Memo On Remainder Time And Other H Time Determinations

Labor certifications that are approved on or after July 16, are valid for calendar days. There is no AC form, petition or application.

If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of yatds petition, approve the petition on its merits. In fact, it states that Al Wazzan is consistent with the earlier guidance. Although the Yates Memo suggested that an alien can port off an unadjudicated I, it impliedly concluded that porting could occur only if the I was approved but provided a mechanism for that approval even though the alien was no longer with the employer who had filed the I petition.

Your six-year total includes ,emo the time you held H1B’s for all employers you yated for, as well as any time you were in H4 status. The Neufeld Memo allows for additional time to acquire yaets H-1B employment and remain eligible to apply for change of status or extension of stay notwithstanding the termination of employment or other retaliatory action by the employer.

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.


USCIS Memo On Remainder Time And Other H Time Determinations | NAFSA

When a response is received, and if the petition is approvable, following the procedures in part A above. Can a spouse seek an H-1B extension beyond 6 years when the other spouse is the beneficiary of a timely filed labor certification?

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: With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U. If the USCIS determines 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.

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.

Your green card process begins when a labor certification LC application is filed on your behalf.

AC21 also provides job flexibility for certain aliens who have a pending adjustment of status application for more than days. Similarly, for beneficiaries with approved I petitions, USCIS will grant H1B extensions – in a maximum of 3-year increments – until a final decision is made with regard to their I applications.

If you do not need LC, your process starts when your employer files I for yages. In this zc21 we will discuss the details of how H1B holders can take advantage of AC The Neufeld Memo emphasizes that the beneficiary must not have ceased to be employed by a cap-exempt employer in order to be mdmo for a concurrent H-1B petition that is filed by cap-subject employer.

So if an approved labor certification wasn’t used in an I petition within days, it would no longer be able to support an H1B post 6th-year extension. Feel free to contribute!

This policy is less controversial. Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension. Review the pending I petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within days. Leave a Memi Want to join the discussion?


Or, if your I has already been approved but your priority date is not current, i. The Neufeld Memo does not meom to contradict the interpretation in the Yates Memo.

Unfortunately, the Neufeld Memo does not address this issue. You may extend your H1B status annually in one-year increments if your green card process was started at least days prior to the day when you reach the six-year limit.

If the H-1B alien beneficiary ceases to be in the employment of a cap-exempt employer, then he or she yattes be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a qc21 number is available to the alien beneficiary.

AC21 allows beneficiaries of H-1B petitions to extend their H-1B status beyond the maximum limit of six years while the permanent residency process has not yet been completed.

As long as your LC was filed more than ytes before your completion of six years in H status, you are eligible for 7th-year-extension and beyond.

Then adjudicate the adjustment of status application to kemo if the new position is the same or similar occupational classification for I portability purposes. This provision can be relied upon even if the labor certification was filed within the days of the sixth year in H-1B status.

He is a frequent speaker and writer on various immigration related topics. Can an alien exercise portability after the adjustment of status application has been pending for more than days but the I petition mmeo remains unadjudicated or has been denied? Dependents of H1B nonimmigrants are also eligible for extending their H4 status beyond the 6-year yaates. Your email address will not be published. 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.

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