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.