gsingh4: I received my approval notice from NSC
- Thread starter prabha
- Start date
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prabha - Congratulations and thanks so much for the update. I guess mine should arrive in a couple of days too. It got approved on July 7th.
Questions for you :
(1) Did you get extension till Jan2002 or beyond that ?
(2) Are you planning to apply for H-1 revalidation stamp in St. Louis ?
Thanks for your help.
GS
prabha - Congratulations and thanks so much for the update. I guess mine should arrive in a couple of days too. It got approved on July 7th.
Questions for you :
(1) Did you get extension till Jan2002 or beyond that ?
(2) Are you planning to apply for H-1 revalidation stamp in St. Louis ?
Thanks for your help.
GS
No Title
sub: "Using AC21 After 6 years on H1B, will one get THREE years extension or ONE year?"
Prabha, Thank you for pointing me to that web site. Through that I went to actual guidelines to find out exactly what the guidelines say. Here is the official link..
http://www.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.pdf
There are two different provisions and both gives extension after 6 years but they are a bit different and I think the first one is not valid any more!
First:
c) AC 21 Section 104(c) - "One-Time Protection" benefits, Extension of H-1B Status Permitted where Adjustment Pending under Per Country Limitation. For this The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a prefenerence status under INA Section 203(b)(1),(2),or (3)(an employment based ("EB"
petition); and
(b) be eligible to be granted that status except for the per-country limitations.
The Extensions of stay under AC 21 Section 104(C) SHALL BE MADE IN INCREMENTS OF THREE YEARS.
(NOTE that right now since all catogaries are current I don\'t think this provision is applicable any more)!
Second:
E. AC 21 Section 106 -- Special Provisions in Cases of Lengthy Adjudication. For this The statute states that the beneficiary must:
(a) the H-1B nonimmigrant is the beneficiary of an employment based (EB) immigrant petition or an application for adjustment of status; and
(b) 365 days or more have passed since the filing of a labor certification application, Form ETA 750, that is required for the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of the EB immigrant petition.
The Attorney General is required to grant the extension of stay of such H-1B nonimmigrants in 1-year increments, until a final decision is made on the H-1B nonimmigrant\'s lawful permanent residence.
- PCee
sub: "Using AC21 After 6 years on H1B, will one get THREE years extension or ONE year?"
Prabha, Thank you for pointing me to that web site. Through that I went to actual guidelines to find out exactly what the guidelines say. Here is the official link..
http://www.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.pdf
There are two different provisions and both gives extension after 6 years but they are a bit different and I think the first one is not valid any more!
First:
c) AC 21 Section 104(c) - "One-Time Protection" benefits, Extension of H-1B Status Permitted where Adjustment Pending under Per Country Limitation. For this The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a prefenerence status under INA Section 203(b)(1),(2),or (3)(an employment based ("EB"
petition); and (b) be eligible to be granted that status except for the per-country limitations.
The Extensions of stay under AC 21 Section 104(C) SHALL BE MADE IN INCREMENTS OF THREE YEARS.
(NOTE that right now since all catogaries are current I don\'t think this provision is applicable any more)!
Second:
E. AC 21 Section 106 -- Special Provisions in Cases of Lengthy Adjudication. For this The statute states that the beneficiary must:
(a) the H-1B nonimmigrant is the beneficiary of an employment based (EB) immigrant petition or an application for adjustment of status; and
(b) 365 days or more have passed since the filing of a labor certification application, Form ETA 750, that is required for the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of the EB immigrant petition.
The Attorney General is required to grant the extension of stay of such H-1B nonimmigrants in 1-year increments, until a final decision is made on the H-1B nonimmigrant\'s lawful permanent residence.
- PCee
No Title
Hi,
Even though the first provision may not be relevant now (due to the priority date being current), it was revelant when I filed for my extension.
If yours is clearly under the section 106, you will get one year extension. In my case, I had approved I-140 and was waiting for priority date.
Thanks
prabha
Hi,
Even though the first provision may not be relevant now (due to the priority date being current), it was revelant when I filed for my extension.
If yours is clearly under the section 106, you will get one year extension. In my case, I had approved I-140 and was waiting for priority date.
Thanks
prabha