Ginnu and other gurus please check this.

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vicky007

Registered Users (C)
There was a Memorendum issued by USCIS yesterday (i got this info from immigration-law.com) .
12/05/2006 Important USCIS Memorandum for Guidance on Determing Periods of Admission for Aliens Previouslyt in H-4 or L-2 Status; Aliens Applyting for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who have not Exhausted the Six-Year Maximum But Who Have Been Absent from the U.S. for Over One Year

The USCIS HQ Director of Domestic Operation, Michael Aytes, issued this memorandum on 12/05/2006 and has made this memorandum available to the public today. This memorandum is extremely important as people can see from the following extracts, among others:

Time spent as an H-4 and L-2 does not count against the maximum allowable periods of stay available to principals in H-1B (six-years) and L-1(five-year for L-1B and seven-year for L-1A) status;

H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

Guidance for how to determine the maximum period of admission in H-1B status for less than the six-year maximum period of admission, but who has since been outside the U.S. for more than one year.

We find this memorandum extremely important for the aliens in H or L visa status. We will explore the implications of this memorandum in the context of hypothetical facts. We ask the readers to start visiting our "Hypothetical Facts and Legal Analysis (II)" page to learn more about impact of this memorandum on individuals. For the full text of the memorandum, please click here.

ginnu, can you please comment on this:
H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

Regards,
 
My guess is that in a scenario where a H1 person has started working on EAD for sometime and wanting to go back on H1 (for some reason) based upon approved 140 can do so even if there was a gap i.e. start of EAD use to new H1.
It may be used in other cases as well.

vicky007 said:
There was a Memorendum issued by USCIS yesterday (i got this info from immigration-law.com) .
12/05/2006 Important USCIS Memorandum for Guidance on Determing Periods of Admission for Aliens Previouslyt in H-4 or L-2 Status; Aliens Applyting for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who have not Exhausted the Six-Year Maximum But Who Have Been Absent from the U.S. for Over One Year

The USCIS HQ Director of Domestic Operation, Michael Aytes, issued this memorandum on 12/05/2006 and has made this memorandum available to the public today. This memorandum is extremely important as people can see from the following extracts, among others:

Time spent as an H-4 and L-2 does not count against the maximum allowable periods of stay available to principals in H-1B (six-years) and L-1(five-year for L-1B and seven-year for L-1A) status;

H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

Guidance for how to determine the maximum period of admission in H-1B status for less than the six-year maximum period of admission, but who has since been outside the U.S. for more than one year.

We find this memorandum extremely important for the aliens in H or L visa status. We will explore the implications of this memorandum in the context of hypothetical facts. We ask the readers to start visiting our "Hypothetical Facts and Legal Analysis (II)" page to learn more about impact of this memorandum on individuals. For the full text of the memorandum, please click here.

ginnu, can you please comment on this:
H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

Regards,
Click to expand...
 
The memo states:

H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

What would be the scenario for a EAD holder,if after the initial three years of H1b,he has not renewed the H1b and is working on EAD, Would he be allowed to again come back on H1 status if he wants to?

Regards
 
Yes. Or also for example if one after working on H1 for 6 years starts working on EAD instead of H1 extension and after a year or so he gets married and wants to get his wife to US, being in AOS he cannot bring her, so decides to go for H1 route and brings wife on H4.


vicky007 said:
The memo states:

H-1B aliens need not be in H-1B status in seeking H-1B extension beyond the six-year limit if the aliens are eligible for AC-21 Section 106(a) and 104(c);

What would be the scenario for a EAD holder,if after the initial three years of H1b,he has not renewed the H1b and is working on EAD, Would he be allowed to again come back on H1 status if he wants to?

Regards
Click to expand...
 
vicky007 said:
What would be the scenario for a EAD holder,if after the initial three years of H1b,he has not renewed the H1b and is working on EAD, Would he be allowed to again come back on H1 status if he wants to?
Click to expand...

That's always been allowed, since that scenario has no six-year limit implications to it.
 
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