bkn96
11-25 12:25 PM
hi kprgroup,
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
wallpaper londe hair with rown
sunny1000
11-26 06:37 PM
here is what I found on the immigrationportal.com. that info is a little old but, is relevant. Hope that helps you.
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
Leo07
05-20 04:12 PM
How many in this forum are yet to file AOS?
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
2011 Medium Brown with Ash Blonde
axp817
03-31 02:20 PM
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
more...
dogking
03-20 12:23 PM
Does anyone know the time frame of WISH and Talent bill?
smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
more...
ragz4u
04-10 09:30 AM
Bump ^^^
2010 with long dark lond hair
drsilver
July 5th, 2006, 05:27 PM
OK, I've got it all figured out. (I confess, I've got nothing figured out, but it felt good to write that.)
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
more...
lskreddy
01-13 04:23 PM
it won't correct, as this practice has been long stopped. You may be in trouble for sure.
I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..
I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..
hair londe hair with rown
Bolt
03-26 05:55 PM
Even I am in the current situation. Please call me 6166342617 so we can discuss or email
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options
Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com
i deeply appreciate your help.
more...
nixone
05-05 04:55 PM
You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.
If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!
If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!
hot minimal londe highlights
nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
more...
house (Humeston,IA,US). Short
nrk
04-09 05:53 PM
congrats
tattoo rown hair gold highlights
immi_enthu
10-01 05:33 PM
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.
Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.
more...
pictures lot of hair styling and
GreenCard4US
08-31 03:59 AM
I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?
dresses londe hair color, rown
kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
more...
makeup ashley tisdale rown hair
eb3retro
02-04 04:36 PM
has anyone requested USCIS to send AP via Fedex/UPS?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
girlfriend dark rown hair with londe
ngopikrishnan
04-06 08:09 AM
sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
hairstyles medium londe short hair with
ak_2006
10-28 12:16 PM
Good One, thanks for posting.
jonty_11
07-06 01:33 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
no Condi and USCIS Chief just take those #'s and shove them down the toilet..
surabhi
08-11 11:21 AM
So you are good to go. This means, when the company applied for your H1, they also applied for your wife's extension using form I-539.
When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.
There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.
In your case, it has been done right. so no worries.
When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.
There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.
In your case, it has been done right. so no worries.