INS AC 21 Memorandum Released !!!

No Title

I received the following e-mail from one of my friends regarding AC21. Is 1B) in the following guide lines true?

I filed my Labor certification in Feb 1998, it is still pending with DOL. I applied well over 365 days prior to my H1-B 6yr limit which is due to expire this October. Does 1B) mean I can renew my H1-B in 1 year increments?

Immigration gurus please explain!!

Vamsi

____________________________________
Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law). You can read complete guidelines at,

http://www.isn.org/news/20010620174420.html

Following are some of the important items clarified in this memo:

1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
   A) Either I-140 or I-485 application has been filed.
   B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.

2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.

3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.

4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.

We hope above provisions will help many ISN members.

United We Can make a Difference.

Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law). You can read complete guidelines at,

http://www.isn.org/news/20010620174420.html

Following are some of the important items clarified in this memo:

1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
   A) Either I-140 or I-485 application has been filed.
   B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.

2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.

3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.

4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.

We hope above provisions will help many ISN members.

United We Can make a Difference.
 
No Title

Vamsi,
First of all, if you applied in feb \'98 and not even gotten your LC
done there is something seriously wrong either with your company or your attorney.
Some People who applied in 2000 got their Green Cards.
Start checking it out.
 
No Title

I too had applied by Aug 1998. I haven\'t received my LC. In New york area it takes that much time.

Vamsi,

If you get an answer from your attorney please post them here.

Thanks
- Hari
 
No Title

That is what some website are saying. Even if 365 days have gone since the filing of your labor certificate and you have not filed for your I-140; you can not claim 7th year extension.

Talk to another immigration lawyer.
 
act immediately

Hi Hari,
Apply in EB2-RIR or EB2 or atleast in EB3 RIR in some other state. I have applied in Dec\'97 under EB3 non RIR, freekin, it is still pending... Now I have applied in EB2-RIR, wish my LC gets cleared so that I can apply for 7th yr H1B extension.

well wisher
sri12
 
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