s.2045 - Solution to all our problems...

Hello.
I have read the messages in this thread and looks like the best and most-likely-to-happen solution is passage of Senate Bill s.2045. As many of you may be aware, this bill has a section in it (Sec VI) that says that if a person has initiated GC and 365 or more days have passed since the filing (not approval) of their Labor Certification, then they can extend their H1-B visa beyond the 6yr term by a period of 1yr at a time.

Example: My PD is Dec 4, 1998 and my LC was filed for at Atlanta, GA in regular category. It has been close to 2yrs as you can see and LC has not been taken up for processing yet (backlog in Atlanta is 24mo). My H1-B 6yr term expires Jan 31st, 2001.

If this bill were to be passed in the Senate, House and were to be signed by the President and become law, I would not have to leave the US but could extend my H1-B visa till Jan 30th, 2002 and then again till 2003 until such time I file for my 485 and get EAD.

This bill is scheduled to be voted on in the Senate this Tuesday ( Sep 26th) at 10:30am EST. But keeping in mind that Oct 4th is the final date for this, the 106th Congress and that this bill has yet to be taken up in the House and has to be signed by the President, I would advise you all to call / e-mail your State Senators and urge them to pass this bill as soon as possible.

The problem in passing this bill, that has widespread support from the Republicans as well as the Democrats, is that the Democrats are trying to club the Latino Amnesty deal to this H1-B bill ( main aim of this bill is actually to increase H1-B quota) and the Republicans are not too keen on doing this. Basically, election year politics.

For more info...visit "http://thomas.loc.gov/cgi-bin/bdquery/z?d106:s.02045:"

or www.senate.gov or www.isn.org or www.shusterman.com

Good Luck my fellow soon-to-expire H1-B\'ers.
 
No Title

What about someone who already has a labor cerificate but is less than an year since labor certificate was filed? Thanks
 
No Title

According to: this bill has a section in it (Sec VI) that says that if a person has initiated GC and 365 or more days have passed since the filing (not approval) of their Labor Certification, then they can extend their H1-B visa beyond the 6yr term by a period of 1yr at a time.

I have the same question, if your LC got approved less than for year but with your LC initial filing date plus your I-140 waiting period, it\'s more than one year, can this also apply to the bill, if passed.

Can someone interpret this paragraph in more plain way? Thanks
 
No Title

Question: What if LC got approved after 3 1/2 years and I140 is pending while 6 years expiring? Can that person extend H1 by a year if S2045 is passed?
 
No Title

The 1 year is from the day you have filed for Labour Certification, that date is also your priority date. so all you guys are fine if this bill passes.
 
No Title

S.2045 is passed in the senate at 10:00 AM EST with a majority of 96-1.

Good news indeed. Bu t it needs to be passed in the House of reps.

-Hopeful@VSC
 
No Title

But every article today says that S2045 has been passed to increase H1 limit. None said about the H1 period extension beyond 6 yrs. Is it true ? Or is this dropped out of the passed bill?
 
No Title

Yes s. 2045 has passed senate and house with all the ammendments.
1. If you have applied for change of status and it has been 180 days you can switch jobs.
2. If you have filed for labor certification and it has been 365 days you can extend your H1 beyond 6 years in 1 year increment.
3. And in employment category they are recaptureing all the lost visas for past 2 years so all the category for India and China wil be current or some where at least near Jan 2000(Guess).
This is my interpretation of the Bill S. 2045 with ammendments and the president has to sign it.
 
No Title

So, whats the bottom line.
My 6yr limit is expiring, and I have I140 approved already.
My priority date: Jan 13 1998

So, When can I use s2045 to extend my h1 by 1 year ???
thanks.
 
Top