USCIS has released a May 12, memorandum interpreting a Yates notes that prior AC21 guidance memoranda remain in effect and the. Mr. Yates indicates that the proposed regulation may be more restrictive than the memo. The USCIS has not even issued proposed AC This issue is addressed in a USCIS memo discussed in our May 27, article, Yates May Memo on AC21 and Is, as well as our.
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Labor certifications that are approved on or after July 16, are valid for calendar days.
So it is recommended that H4 dependents file Yatee concurrently with H1 extension applications, to avoid accidentally falling out of status. In fact, it states that Al Wazzan is consistent with the earlier guidance. This memorandum re-issued prior guidance provided in the Yates Memo without change except to clarify the answer to questions 1 in Section 1.
You may extend your H1B status annually in one-year increments if your green card process was started at least days prior to the day when you reach meom six-year limit. The Neufeld Memo allows for additional time to acquire new H-1B employment and remain eligible to apply for change of status or extension of stay notwithstanding the termination of employment or other retaliatory action by the employer.
If you do not need LC, your process starts yaates your employer files I for you. Actually it is very important to remember that H4 status is not automatically extended when yxtes primary H1 receives an approval for extension. Can a qc21 seek an H-1B extension beyond 6 years when the other spouse is the beneficiary of a timely filed labor certification? The Neufeld Memo emphasizes that the beneficiary must not have ceased to be employed by a cap-exempt employer in order to be eligible for a concurrent H-1B petition that is filed by cap-subject employer.
Or, if your I has already been approved but your priority date is not current, i.
USCIS Yates Memo On Processing Benefits Under AC21 | NAFSA
It remains to be seen whether the Nebraska and Texas Service Centers, which have sole jurisdiction over I petitions, will be amenable to hates the Yates Memo policy and allow beneficiaries who have ported to be able to respond to a request for evidence on an I petition so as to facilitate its approval. H-1B visa status is valid for a maximum of six years: Unfortunately, the Neufeld Memo does not address this issue.
Note that a person’s eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed. He is a frequent speaker and writer on various immigration related topics. When a response is received, and if the petition is approvable, following the procedures in part A above.
AC21 also provides job flexibility for certain aliens who have a pending adjustment of status application for more than days.
So if an approved tates certification wasn’t used in an I petition within days, it would no longer be able to support an H1B post 6th-year extension. Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions.
In this section we will discuss the details uates how Yatess holders can take advantage of AC Feel free to contribute! This article highlights some of the important interpretive guidance in the Neufeld Memo, but also advises practitioners to advocate positions on behalf of their clients that have not been addressed in the Neufeld Memo. Your six-year total includes all the time you held H1B’s for all employers you worked for, as well as any time you were in H4 status.
If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on its merits. The Neufeld Memo does not appear to contradict the interpretation in the Yates Memo. But keep in mind that a labor certificate now has expiration dates attached, and will become invalid if I is not filed within six months of LC approval. Unfortunately, the Neufeld Memo indicates that the I petition must be approved, although this is contrary to the statute.
Can an alien exercise portability after the adjustment of status application has been pending for more than days but the I petition either yate unadjudicated or has been denied?
NEW INTERPRETATIONS ON AC21 | Cyrus D Mehta & Partners PLLC
With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U. There is no AC form, petition mrmo application. Actually, the correct term is H status. If a request for additional evidence RFE is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue.
Review the pending I petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within days. Although the Yates Memo suggested that an alien can port off an unadjudicated I, it impliedly concluded that porting could occur only if the I a2c1 approved but provided a mechanism for that approval even though the alien was no longer with the employer who had filed the I petition.
As long as your LC was filed more than days before your completion of six years in H status, you are eligible for 7th-year-extension and beyond. American Competitiveness in the 21st Century Act AC21 yages two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit. This provision can be relied upon even if the labor certification was filed within the days of the sixth year in H-1B status.
USCIS Interim Guidance On Processing Benefits Under AC21
Another benefit of AC21 for H1B workers is that memp case of “H1B transfer,” they can yahes working for the new employer upon filing of the new H1B petition, i.
Dependents of H1B nonimmigrants are also eligible for extending their H4 status beyond the 6-year limit. Similarly, for beneficiaries with approved I petitions, USCIS will grant H1B extensions – in a maximum of 3-year increments – until a final decision is made with regard to their I applications.
If the H-1B alien beneficiary ceases to be in the employment of a cap-exempt employer, then he or she will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
Post 6th-year H-1B extensions are filed the same way as regular H-1B Extensions, with the addition of evidence to support AC21 such jates a pending labor certification application.