perm2gc
11-08 07:57 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
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sandy_anand
06-04 09:54 AM
Thats the Senate and House for you...they get up very late since they party late into the night!...:)
prioritydate
08-14 01:02 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
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Hong12
12-14 12:29 AM
Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.
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pappu
05-19 01:56 PM
Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
It is really surprising
- 2 Congressional checks revealed 2 different answers
- Lawyer organization AILA not getting response from USCIS.
I am sure you would have called customer service and after not getting satisfactory response, pursued other options
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
It is really surprising
- 2 Congressional checks revealed 2 different answers
- Lawyer organization AILA not getting response from USCIS.
I am sure you would have called customer service and after not getting satisfactory response, pursued other options
kart2007
10-21 12:57 PM
Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?
In my case the application is approved but I haven't received the EAD card yet.
In my case the application is approved but I haven't received the EAD card yet.
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gman
07-29 01:45 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
Any advice highly appreciated. thanks!
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yabayaba
10-11 10:35 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
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Hello_Hello
08-29 02:20 PM
That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
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eb3retro
09-25 10:41 AM
good one.
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kartikiran
12-03 02:40 PM
Here is what I am going through.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.
I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.
Take Care.
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quizzer
07-30 07:36 PM
The attorney informed us that both our EAD's were received today.
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
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prdgl
07-07 10:16 PM
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
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Abhinaym
01-31 01:27 PM
I found this link:
Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)
(Abhi_Jais, the link u pasted wasn't working for me.)
Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)
(Abhi_Jais, the link u pasted wasn't working for me.)
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regacct
11-24 09:17 AM
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
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sledge_hammer
07-09 11:44 AM
I agree 200% with you...
In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.
I am not being rude here, consider this post in a humane nature
In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.
I am not being rude here, consider this post in a humane nature
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sb724
08-16 10:37 PM
Hi,
Anybody recently submitted evidences to RFE to NSC on 485?
Its been a week I have submitted, still now no updates on my case. Is it normal?
Please advise.
Thanks
sk
Anybody recently submitted evidences to RFE to NSC on 485?
Its been a week I have submitted, still now no updates on my case. Is it normal?
Please advise.
Thanks
sk
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Macaca
01-12 05:37 PM
I will be happy with the following requirement (that is lower then the carpet).
Don't have to mantain status. That is, absence of pay checks is not required.
Don't have to mantain status. That is, absence of pay checks is not required.
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lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
REQUIRE_GC
10-16 12:32 PM
I had only one lud after fingerprints code 3 (same Day - Thu day).
:( Does that mean my case is stuck in Name check.??????????????? :(
I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
I had two fingers matched. I dontknow if it is normal
:( Does that mean my case is stuck in Name check.??????????????? :(
I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
I had two fingers matched. I dontknow if it is normal
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