solaris27
05-22 09:29 AM
yes u can do it
wallpaper mark zuckerberg vs bill gates.
ImmiLosers
09-25 01:16 PM
you are no more eligible for H1B extension. h1b extension/transfer are doable as long as you are in h1b.
Canadianindian
07-06 11:25 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
2011 mark zuckerberg novia. mark
overhere
07-17 08:50 AM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.
my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.
my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.
more...
JazzByTheBay
11-20 07:52 PM
For the record, that did seem to help and can be credited (at least partially) for the reversal of USCIS' stated position during the July '02 visa bulletin fiasco. It also brought IV and our issues a fair amount of publicity.
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
greyhair
06-21 09:31 AM
In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
more...
vamsi_poondla
12-20 08:07 AM
I called USCIS and created a new service request. Hope they will do it right this time.
My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.
My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.
2010 mark zuckerberg facebook
sheela
08-22 08:27 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
congratulations, Conchshell.
I appreciate your postings which were helpful to many here
congratulations, Conchshell.
I appreciate your postings which were helpful to many here
more...
augustus
06-19 01:56 PM
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
hair mark zuckerberg high school
sriniks
12-07 06:01 PM
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
more...
add78
06-19 02:08 PM
yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.
hot Mark Zuckerberg is person of
invincibleasian
02-05 07:24 PM
Quit the company asap and transfer the h1 to a diff company!
more...
house mark zuckerberg novia. mark
uma001
07-21 06:33 PM
Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
tattoo Mark Zuckerberg Facebook
pd_recapturing
09-23 07:20 PM
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
more...
pictures Mark Zuckerberg and Dustin
pcs
07-19 03:44 PM
As long your affidavit of language competency is notarized... you are fine
dresses Mark Zuckerberg
mbawa2574
07-07 08:27 PM
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
So members have all rights to challenge ur actions.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
So members have all rights to challenge ur actions.
more...
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sdrblr
08-09 06:18 PM
reason # 13.
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
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dixie
09-01 12:55 PM
May be she got her greencard....
weren't you the one who predicted no one here will get GC and this is all a big scam :D
weren't you the one who predicted no one here will get GC and this is all a big scam :D
hairstyles Mark Zuckerberg, founder and
MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
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!!!
lostinbeta
11-18 04:03 PM
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