Lost_Horizon
Registered Users (C)
Check this out! In the last paragraph it says you can get an Immigrant Visa
at a Consulate by presenting an I-485 (> 6 mos) and valid H1-B (797)...
Any comments ?
DOS Advises on Post-Six Year H-1B Visas, IV Processing for Delayed Adjustment Applicants
June 14, 2001 -- The Department of State has cabled instructions to consulates
regarding issuing new visas for beneficiaries of H-1B extensions who have been in
the United States in H-1B status for the maximum period of six years. The cable
also addresses the issue of adjudicating immigrant visa applications when
adjustment of status applications based on the same permanent residence petition
approvals in the United States have been pending for 180 days.
Pursuant to the American Competitiveness in the Twenty-First Century Act (AC-21),
for issuing H-1B visa extensions following a sixth year in H status are permitted
provided that extensions, permanent residence processing has been underway for
over 365 days, either through the filing of a labor certification (followed by
permanent residency petition filing) or the filing of a permanent residence
petition if a labor certification application is not required. The cable clarifies
that an approved H-1B petition is needed as a prerequisite to the issuance of the
visa.
In the same cable, consuls were directed pursuant to AC-21 that immigrant visas
may be issued to persons whose I-485 adjustment of status application remained
unadjudicated for over 180 days, even if a change in employers occurred. AC-21
provides that individuals need not go to work for the employer who initially
petitioned for permanent residence if the application for adjustment has been
pending for 180 days. An applicant should present the consul with both the I-797
approval notice and a receipt from the adjustment of status application, in order
that the consul can calculate whether the 180-day condition has been met. Despite
the change in employers, no new I-140 or labor certification is necessary, as long
as the applicant for the immigrant visa can establish that the new employment is
substantially similar to the petitioned-for employment.
at a Consulate by presenting an I-485 (> 6 mos) and valid H1-B (797)...
Any comments ?
DOS Advises on Post-Six Year H-1B Visas, IV Processing for Delayed Adjustment Applicants
June 14, 2001 -- The Department of State has cabled instructions to consulates
regarding issuing new visas for beneficiaries of H-1B extensions who have been in
the United States in H-1B status for the maximum period of six years. The cable
also addresses the issue of adjudicating immigrant visa applications when
adjustment of status applications based on the same permanent residence petition
approvals in the United States have been pending for 180 days.
Pursuant to the American Competitiveness in the Twenty-First Century Act (AC-21),
for issuing H-1B visa extensions following a sixth year in H status are permitted
provided that extensions, permanent residence processing has been underway for
over 365 days, either through the filing of a labor certification (followed by
permanent residency petition filing) or the filing of a permanent residence
petition if a labor certification application is not required. The cable clarifies
that an approved H-1B petition is needed as a prerequisite to the issuance of the
visa.
In the same cable, consuls were directed pursuant to AC-21 that immigrant visas
may be issued to persons whose I-485 adjustment of status application remained
unadjudicated for over 180 days, even if a change in employers occurred. AC-21
provides that individuals need not go to work for the employer who initially
petitioned for permanent residence if the application for adjustment has been
pending for 180 days. An applicant should present the consul with both the I-797
approval notice and a receipt from the adjustment of status application, in order
that the consul can calculate whether the 180-day condition has been met. Despite
the change in employers, no new I-140 or labor certification is necessary, as long
as the applicant for the immigrant visa can establish that the new employment is
substantially similar to the petitioned-for employment.