You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
What happened to the regulation of AC21
- Thread starter selvap
- Start date
No Title
ISN president stated by May 8th after taking with INS spokeswoman that the field guidelines would be out by end of May. He called by the same spokeswoman by May 30th and enquired about it\'s status. She told him that it would take 2 to 3 weeks.
I don\'t know when this 2 to 3 weeks cycle is going to end. Talk to your senator\'s office regarding the delay in publishing the field guidelines (not the regulation). We need to specific to our senator\'s office regarding what we are asking for. I have already talked to my senator\'s office. They have asked me wait until the end of this week. If the guidelines are not published by that time, they are going to call INS again.
Please call your senator also.
Thanks
prabha
ISN president stated by May 8th after taking with INS spokeswoman that the field guidelines would be out by end of May. He called by the same spokeswoman by May 30th and enquired about it\'s status. She told him that it would take 2 to 3 weeks.
I don\'t know when this 2 to 3 weeks cycle is going to end. Talk to your senator\'s office regarding the delay in publishing the field guidelines (not the regulation). We need to specific to our senator\'s office regarding what we are asking for. I have already talked to my senator\'s office. They have asked me wait until the end of this week. If the guidelines are not published by that time, they are going to call INS again.
Please call your senator also.
Thanks
prabha
No Title
Hi all,
My lawyer caled NSC yesterday and was told to check status after 1 month as it is going to take 2-3 weeks to get teh publish guidelines and regulations of AC21 to deal wth 7th year extension. I applied for extension in Dec 2000 and family members are stuck in India until the approval comes along. My local congressmen commented on the fact that TSC is processing similar cases that every service center sets its own procedures so nothing can be done in that area.
Just hoping this wait to end soon ! Good luck to all.
Keep everyone posted !
GS
Hi all,
My lawyer caled NSC yesterday and was told to check status after 1 month as it is going to take 2-3 weeks to get teh publish guidelines and regulations of AC21 to deal wth 7th year extension. I applied for extension in Dec 2000 and family members are stuck in India until the approval comes along. My local congressmen commented on the fact that TSC is processing similar cases that every service center sets its own procedures so nothing can be done in that area.
Just hoping this wait to end soon ! Good luck to all.
Keep everyone posted !
GS
No Title
Hi all,
My lawyer caled NSC yesterday and was told to check status after 1 month as it is going to take 2-3 weeks to get teh publish guidelines and regulations of AC21 to deal wth 7th year extension. I applied for extension in Dec 2000 and family members are stuck in India until the approval comes along. My local congressmen commented on the fact that TSC is processing similar cases that every service center sets its own procedures so nothing can be done in that area.
Just hoping for this wait to end soon ! Good luck to all.
Keep everyone posted !
GS
Hi all,
My lawyer caled NSC yesterday and was told to check status after 1 month as it is going to take 2-3 weeks to get teh publish guidelines and regulations of AC21 to deal wth 7th year extension. I applied for extension in Dec 2000 and family members are stuck in India until the approval comes along. My local congressmen commented on the fact that TSC is processing similar cases that every service center sets its own procedures so nothing can be done in that area.
Just hoping for this wait to end soon ! Good luck to all.
Keep everyone posted !
GS
No Title
Just my two cents:
When does the 2 to 3 weeks time clock starts? That will be the billion dollar question!!!
We need to contact our senators and congressman and request them to pressurize (may be not an appropriate word) the INS to publish the field guidelines. That is the area wherein they can help us a lot.
Just my two cents:
When does the 2 to 3 weeks time clock starts? That will be the billion dollar question!!!
We need to contact our senators and congressman and request them to pressurize (may be not an appropriate word) the INS to publish the field guidelines. That is the area wherein they can help us a lot.
No Title
Interesting News from DOS.
UNCLASSIFIED
TELEGRAM June 11, 2001
To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
Origin: VO
From: SECSTATE WASHDC (STATE 102000 - ROUTINE)
TAGS: CVIS
Captions: VISAS
Subject: OTHER NEW H-1(B) PROVISIONS
Ref: (A)P.L. 106-313, (B)STATE 27960
_______________________________________________________________
1. SUMMARY: In addition to the changes mentioned in ref. B., Public Law 106-313 (The American Competitiveness in the 21ST Century Act of 2000) also provided for extension of authorized stay beyond the statutory limit of six years in H-1B status if:
(1) an H-1B alien is a prospective immigrant under INA 203(b) and
(2) the petition, labor certification, or the alien\'s application for adjustment of status has not been acted upon for 365 days or more.
That Act also adds two other new provisions to the INA to protect aliens seeking immigrant status from unwarranted penalties because of delays on the part of the INS in adjudicating applications.
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status.
Therefore:
(I) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
(ii) Even if an alien does benefit from the time extension, there is no basis for issuance of a new H-1B visa at a consular post unless/until the prior petition has been extended or a new one approved. As in the case of H-1B portability (see reftel), a valid petition is a basic condition for issuance of a new H-1B visa, whether it is the original or a new petition. Therefore, no visa may be issued unless a valid H-1B petition exists.
3. Compensating for administrative delays:
(a) The new provisions added to the INA by Section 106(c) are:
(I) INA 204(j). Job Flexibility for Long Delayed Applicants for Adjustment of Status. This provides for a continuing validity of an initial approved petition, even if the alien has subsequently changed jobs if:
(A) the alien has applied for adjustment of status based on the petition filed and approved to accord INA 203(b) status and the adjustment application has not been adjudicated within 180 days, and,
(B) the new job is in the same or a similar occupation to that for which that petition was approved. If these requirements are met, an I-140 filed by the new employer is not required.
(ii) An amendment to INA 212(a)(5)(A) (new clause (iv)) to accord an identical continuing labor certification validity under the same circumstances as those stated above with respect to petitions.
(b) Thus, consular officers could adjudicate an application for a visa without the necessity for a new I-140 if an alien benefitting from this provision were to apply for an immigrant visa at a consular office and:
(i) the job is in the same or a similar occupation as that for which the original petition was filed and approved; and
(ii) the application for adjustment had been pending the requisite time (180 days).
4. Consular officers may reasonably expect an applicant described in para 3(b) to have a copy of the INS Form I-797 showing the approval (and the filing date) of the petition on the basis of which the alien applied for adjustment of status. S/he might also be reasonably expected to have a receipt showing the date of his/her application for adjustment. It should therefore be fairly simple to establish the second criterion shown above. Careful interviewing with respect to the job for which originally hired and the current job should enable the consular officer to establish to his or her satisfaction whether the jobs are sufficiently alike. If post is unsure whether the provisions of INA 204(j) apply in a particular case, the post should submit an advisory opinion request to VO/L/A for guidance.
POWELL
Interesting News from DOS.
UNCLASSIFIED
TELEGRAM June 11, 2001
To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
Origin: VO
From: SECSTATE WASHDC (STATE 102000 - ROUTINE)
TAGS: CVIS
Captions: VISAS
Subject: OTHER NEW H-1(B) PROVISIONS
Ref: (A)P.L. 106-313, (B)STATE 27960
_______________________________________________________________
1. SUMMARY: In addition to the changes mentioned in ref. B., Public Law 106-313 (The American Competitiveness in the 21ST Century Act of 2000) also provided for extension of authorized stay beyond the statutory limit of six years in H-1B status if:
(1) an H-1B alien is a prospective immigrant under INA 203(b) and
(2) the petition, labor certification, or the alien\'s application for adjustment of status has not been acted upon for 365 days or more.
That Act also adds two other new provisions to the INA to protect aliens seeking immigrant status from unwarranted penalties because of delays on the part of the INS in adjudicating applications.
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status.
Therefore:
(I) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
(ii) Even if an alien does benefit from the time extension, there is no basis for issuance of a new H-1B visa at a consular post unless/until the prior petition has been extended or a new one approved. As in the case of H-1B portability (see reftel), a valid petition is a basic condition for issuance of a new H-1B visa, whether it is the original or a new petition. Therefore, no visa may be issued unless a valid H-1B petition exists.
3. Compensating for administrative delays:
(a) The new provisions added to the INA by Section 106(c) are:
(I) INA 204(j). Job Flexibility for Long Delayed Applicants for Adjustment of Status. This provides for a continuing validity of an initial approved petition, even if the alien has subsequently changed jobs if:
(A) the alien has applied for adjustment of status based on the petition filed and approved to accord INA 203(b) status and the adjustment application has not been adjudicated within 180 days, and,
(B) the new job is in the same or a similar occupation to that for which that petition was approved. If these requirements are met, an I-140 filed by the new employer is not required.
(ii) An amendment to INA 212(a)(5)(A) (new clause (iv)) to accord an identical continuing labor certification validity under the same circumstances as those stated above with respect to petitions.
(b) Thus, consular officers could adjudicate an application for a visa without the necessity for a new I-140 if an alien benefitting from this provision were to apply for an immigrant visa at a consular office and:
(i) the job is in the same or a similar occupation as that for which the original petition was filed and approved; and
(ii) the application for adjustment had been pending the requisite time (180 days).
4. Consular officers may reasonably expect an applicant described in para 3(b) to have a copy of the INS Form I-797 showing the approval (and the filing date) of the petition on the basis of which the alien applied for adjustment of status. S/he might also be reasonably expected to have a receipt showing the date of his/her application for adjustment. It should therefore be fairly simple to establish the second criterion shown above. Careful interviewing with respect to the job for which originally hired and the current job should enable the consular officer to establish to his or her satisfaction whether the jobs are sufficiently alike. If post is unsure whether the provisions of INA 204(j) apply in a particular case, the post should submit an advisory opinion request to VO/L/A for guidance.
POWELL
Ramesh Sinha
New Member
No Title
Does the INS act on the DOS guidelines? Or will the INS comeout with its own guidelines before the regulations for the 7th year extensions are in place. I applied for labor certification in April 2000 and still waiting for the approval. My 6 year completion of H1 date is Oct29, 2001. Will I be eligible for 7th year extension with labor certification still pending.
regards
Ramesh
Does the INS act on the DOS guidelines? Or will the INS comeout with its own guidelines before the regulations for the 7th year extensions are in place. I applied for labor certification in April 2000 and still waiting for the approval. My 6 year completion of H1 date is Oct29, 2001. Will I be eligible for 7th year extension with labor certification still pending.
regards
Ramesh
No Title
DOS manages the consular part of the immigration (like verification of H-1B petition and stamping of the passport). DOL manages the labor part of the immigration (like Labor conditional Application). INS manages the processing part of the immigration (approval of H-1B petition, approval of extension).
That is why, INS has to come with its guidelines regarding the processing. DOL and DOS have stated their position regarding 7th year extension cases using AC21. Now, it is the time for INS to do so.
DOS manages the consular part of the immigration (like verification of H-1B petition and stamping of the passport). DOL manages the labor part of the immigration (like Labor conditional Application). INS manages the processing part of the immigration (approval of H-1B petition, approval of extension).
That is why, INS has to come with its guidelines regarding the processing. DOL and DOS have stated their position regarding 7th year extension cases using AC21. Now, it is the time for INS to do so.