hello guys:
Just got a mail from isn that the new rule has been approved. I saw a similar message but it said AC21 (180 days is part of this AC21).
Still a question remains: How does a person with CG quit the sponsoring firm???
Finally INS has come out with guidence for all service centers for implementing AC21 (H1B visa
law). You can read complete guidelines at,
http://www.isn.org/news/20010620174420.html
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year increments, when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor certification or I-140.
H1B visa holders will need to file I-129 for this extension and $1000 fee will be applicable to
this cases. All dependents of H1B visa holders also will get extension by filing I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their I-485 application has been
waiting for more then 180 days. In such cases, new Employer should submit letter with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new Employer, as soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country limitations:
These provision is applicable to applicants who have received I-140 approval but are unable to
file for I-485 due to per country limitations. INS will extend H1B visa in 3 year increments. All
dependents of H1B visa holders also will get extension by filing I-539.
Just got a mail from isn that the new rule has been approved. I saw a similar message but it said AC21 (180 days is part of this AC21).
Still a question remains: How does a person with CG quit the sponsoring firm???
Finally INS has come out with guidence for all service centers for implementing AC21 (H1B visa
law). You can read complete guidelines at,
http://www.isn.org/news/20010620174420.html
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year increments, when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor certification or I-140.
H1B visa holders will need to file I-129 for this extension and $1000 fee will be applicable to
this cases. All dependents of H1B visa holders also will get extension by filing I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their I-485 application has been
waiting for more then 180 days. In such cases, new Employer should submit letter with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new Employer, as soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country limitations:
These provision is applicable to applicants who have received I-140 approval but are unable to
file for I-485 due to per country limitations. INS will extend H1B visa in 3 year increments. All
dependents of H1B visa holders also will get extension by filing I-539.