From Fragomen.com
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.
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Based on the second part of the second paragraph, Does it mean that if an adjustee (485) can get his approval from an Indian/out USA consulate if he presents I-140 approval and I-485 receipt to the consulate, IF his 485 application is pending beyond 180 days? Does it also implies that it doesnot matter whether he works for the same emplyer or not? My intent of the question is if we go to India while our 485 is pending beyond 180 days, can we go to consulate to get our 485 approved?
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.
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Based on the second part of the second paragraph, Does it mean that if an adjustee (485) can get his approval from an Indian/out USA consulate if he presents I-140 approval and I-485 receipt to the consulate, IF his 485 application is pending beyond 180 days? Does it also implies that it doesnot matter whether he works for the same emplyer or not? My intent of the question is if we go to India while our 485 is pending beyond 180 days, can we go to consulate to get our 485 approved?