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voice vote ???

A vote in which the Presiding Officer states the
question, then asks those in favor and against to
say "Yea" or "Nay," respectively, and announces
the result according to his or her judgment. The
names or numbers of Senators voting on each side
are not recorded.
 
thats relief

thats a relief that it passed the senate, I hope president will sing it soon, as I was watching the debate everyone mentioned that the president is eager to sign it, hopefully he will. as like everyone of you will give me a new hope to see myself here after Aug'03 and think straight. good luck to all of us.
 
Iam also eagerly waiting for the president to sign the Law!!!! I will keep watching this site quite often. If anyone has any update, Please do it so.. it will help thousands of people like me.

Lets all h ope for the best:)
 
Reddy,

This doesn't give any info on the H1B extn... is the link correct???

when does ur H1B expire???? I mean ur 6th yr and where did u file ur Labor.... Just for curiosity
 
bill text

The link I posted just tells us that it has been passed in the senate here is a link that gives you the full text of the bill. search for section "SEC. 11030A". It is amendment to AC-21 to allow 7th year extensions if one has labor application pending for more than 365 days.

http://thomas.loc.gov/cgi-bin/query/C?r107:./temp/~r107bAZ80Q

my labor filed in Michigan non-rir in Nov '00, they still are processing sep'00 and my six years expire Aug'03.
 
Thanks reddy !!! This gives a clear picture of what happenning @ the senate. My H1B expires in Feb 2003 and I just have another 4 more months left!!!! and my Labor was files in Feb 2002!!! WOW what a coincidence right??? It was just files 1 year prior to the expiry ogf my H1!!!! So Iam more curious to know than anyone else... because Iam almost approaching the deadline...
 
I just got a mail from my attorneys that Senate has passed the Bill and is in the president hands for signature!!! So it looks like everything is positive and 7th year extension will be granted for people who have filed thier Labor prior to the expiry of the 6th year H1. It is expected within the next 10 days President should sign it and it becomes the LAW!!!!.

So lets all relax guys !!!! This was a real useful thread!!! I really apprecite to everyone who have contributed for this!!!!
 
we can relax now

thanks for the update H1Buser2002, you are on a close race than I am. this will save everyone of us, congratulations everyone and good luck with the rest of the process. please post further updates on this if anyone should hear about it.

Thanks,
Sreddy.
 
Is there a website where I can find the acutal text of the regulation. I wonder if this regulation is valid in the following scenario:

Employee (E) files a labor certification application with company A( it has been more than 365 days), but now works for company B.
 
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Labor certification is specific to a company. This Law will hold good if u apply 365 days prior to the expiry of the current H1. Iam not sure the law states that it can be used for another company. Law designed earlier it clearly stated that labor cannot be used for another company. I was in the same situation where in my Labor was approved by company A and I was laid off. That was filed almost 2 yrs before the expiry of my current H1. I had restart all over again and continue the process.

Hope this helps.
 
Labor certification is specific to a company. This Law will hold good if u apply 365 days prior to the expiry of the current H1. Iam not sure the law states that it can be used for another company. Law designed earlier it clearly stated that labor cannot be used for another company. I was in the same situation where in my Labor was approved by company A and I was laid off. That was filed almost 2 yrs before the expiry of my current H1. I had restart all over again and continue the process.

Hope this helps.
 
Hidden benefit in the new rule

This new rule would not only benefit the ones in USA, but also who had to leave USA by the 6 year rule of H1B.


Following taken from www.cyrusmehta.com (Read last para)

The new provision would allow one to file for a 7th year extension of the H-1B visa if a labor certification were filed 365 days earlier and is still pending without regard to the ability to file an immigrant petition also. This provision would also allow those who left the US because of the 6-year limit to have a new H-1B petition approved and be able to return from abroad with a new visa or otherwise re-obtain H-1B status.
 
vxmehra98:

Regarding your question about LC filing with Company A when you are currently working with company B -

I am not sure how the "revised AC-21" law affects this but I know for sure how the "original AC-21" worked. Here it is:

-- If your LC had been applied from company A and you are currently working with company B, your original LC (from A) IS STILL VALID.

-- If your H1-B's 6-year limit is expiring and (as per the old AC-21) you had applied for LC 365 days back and have already applied for an immigration petition (note-as per old AC-21), you can still apply for an h-1b extention for company B based on the LC filing from company A.

--GC is for future employment. Hence, when you start the GC process, you need not work for that company BUT it is based on the understanding that after the GC is done you will join the company which sponsored the GC.
 
Hi mg1974,

The information you posted is really helpful. Also I have couple of questions.


-- If your LC had been applied from company A and you are currently working with company B, your original LC (from A) IS STILL VALID.

-- If your H1-B's 6-year limit is expiring and (as per the old AC-21) you had applied for LC 365 days back and have already applied for an immigration petition (note-as per old AC-21), you can still apply for an h-1b extention for company B based on the LC filing from company A.

Question: Meanwhile if company B files labor which is lesser than 365 days and approching H1B 6 years limit, with 7th year extension can you continue company B's labor also?

Please post your opinion.

Thnks!


--GC is for future employment. Hence, when you start the GC process, you need not work for that company BUT it is based on the understanding that after the GC is done you will join the company which sponsored the GC.
 
faith2003: Question: Meanwhile if company B files labor which is lesser than 365 days and approching H1B 6 years limit, with 7th year extension can you continue company B's labor also?

Yes, you still can continue with the labor from Company B.

mg1974
 
To clarify the matter, what H-1Buser has said is essentially correct. You LC (once approved) is valid for life, however to get a GC based on that particular LC, first you need the same employer to file your I-140, and second you need to be working for that employer when you do get your GC (unless ofcourse your I485 is pending for more than 180 days and you use portability).

You LC and I140 are employer specific, so if you are not working for that employer he may withdraw your LC, OR he may not want to file I140 for you.

So you can still apply for H-1 B extension based on your first employer's LC petition (if not withdrawn) and all that good stuff, but in order to get a green card thru that petition, you will have to get that employer to file 140 on your behalf which might not be feasible in all cases. That might be what H-1buser went thru.

Afterall your goal is to get the GC, not just extend your H-1. So if your employer doesn't withdraw your LC, you shud get H-1 extended based on that, and then work on your second LC petition to get the GC.

In today's scenario (pre HR 2215), you need have an approved LC and I140 filed to get the extension.
 
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