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Seventh Year H1 Petitions Under AC21
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As our readers are aware from reading our previous MurthyBulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. One section allows for an extension if the Green Card process has been started at least 365 days before, and either the I-140 or I-485 is still pending. The other section allows for an extension if one has an approved I-140 petition but is waiting for the priority date to become current. VSC, like the other INS Service Centers, is still holding all the petitions for extensions beyond 6 years, and will not process these cases until further guidance is received from INS Headquarters.
In a separate discussion on February 22, 2001, INS Headquarters confirmed that such cases were still being held as of that date. Hopefully, the needed instructions will be issued shortly.
Seventh Year H1 Petitions Under AC21
------------------------------------------
As our readers are aware from reading our previous MurthyBulletins there are two provisions of the American Competitiveness in the 21st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. One section allows for an extension if the Green Card process has been started at least 365 days before, and either the I-140 or I-485 is still pending. The other section allows for an extension if one has an approved I-140 petition but is waiting for the priority date to become current. VSC, like the other INS Service Centers, is still holding all the petitions for extensions beyond 6 years, and will not process these cases until further guidance is received from INS Headquarters.
In a separate discussion on February 22, 2001, INS Headquarters confirmed that such cases were still being held as of that date. Hopefully, the needed instructions will be issued shortly.