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.
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.
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According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
I did my pictures @ photopeople (studio) upwards of 80 bucks for me wife and son. Well I was still not satisfied.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
So setup my own studio at home. A white sheet (ironed) and my Canon G6 on a tripod did a fantastic job. Took about 50 pics and finalised 1 for each. Next step was to get it in 2x2 format, In photoshop rescaled image to a height of 2 without messing with width (auto). The cropped extra width to make it 2 inches.
did a new canvas 6x4 inches in photoshop and pasted 6 copies 2x2 each (2rows of 3). Printed at instant machine at cvs $2 for 36 pictures total. I am happy with overall quality now.
And BTW I am not a web designer or a graphic designer. I am an Oracle DBA. So I am pretty sure anyone can do that provided you have some graphic editing/layout software. The only place where photoshop comes handy is exacting the size which would be difficult to do in vanilla paint in windows.
Recommended only if you are not getting a good picture even after spending ton of money.
Another tip is To avoid any shadows stand farther away from background (sheet in this case) and do it in daytime with blinds open with you facing a window or a patio/backyard door. Also zoom in to get exactly what you are looking for while shooting that way less cropping is needed. Try not to use the Flash (use it only if you are getting a shadow inspite of stading at a distance from the background.)
Also please go by instructions / specifications on the pictures as per following.
http://travel.state.gov/passport/guide/guide_2081.html
This may only work for Hightech Computer workers (with computers at home) and some rudimentary knowledge of graphics. For Medics and others with minimal computer skills, please don't waste time. It critical to have the pictures today or tomorrow even if you have to get from CVS/WALGREENS/RiteAID/SAMS/COSTCO or all and choose the one you are happy with.
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With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?
If you google, there are so many other cheaper providers as well (but their quality may be cheaper as well). For example, check this: WatchIndia - Indian TV online with live Indian TV Channels (http://www.watchindia.tv/). Anyone has any experience using watchindia?
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
U can do it online...takes 15 min
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
U can do it online...takes 15 min
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Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc.
Thank you Samir, but this format won't help to me. Can some one clarify to me while submitting our I-485 , do we need our birth certificate which contains both parents information or only father's name is okay?
I need to know clearly on this subject, In my present BC contains only Fathers information only.
Pls help me if some one have that specific format which contains both parents information.
I am just curious to know why this format won't help. Won't the BC issued by Consulate General of India be honored during GC process.
Currently, I am in Texas and debating whether to send misc. form requesting BC from Consulate General of India, Houston.
Let me know if anyone has got BC from Consulate General of India and used it in GC process.
Thanks,
Nikhil
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc.
Thank you Samir, but this format won't help to me. Can some one clarify to me while submitting our I-485 , do we need our birth certificate which contains both parents information or only father's name is okay?
I need to know clearly on this subject, In my present BC contains only Fathers information only.
Pls help me if some one have that specific format which contains both parents information.
I am just curious to know why this format won't help. Won't the BC issued by Consulate General of India be honored during GC process.
Currently, I am in Texas and debating whether to send misc. form requesting BC from Consulate General of India, Houston.
Let me know if anyone has got BC from Consulate General of India and used it in GC process.
Thanks,
Nikhil
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there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...
Anyone has a link to that legislation..?
Anyone has a link to that legislation..?
You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.
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The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
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Error while sending fax....
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
could you please try again .. it works now
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivoice-config@interpage.net
could you please try again .. it works now
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Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
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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
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Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
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I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
So I guess we sit back and wait some more huh?
I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
Hope that helps some! Happy 4th everyone!:o
I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
So I guess we sit back and wait some more huh?
I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
Hope that helps some! Happy 4th everyone!:o
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Just Voted, thanks for posting.
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How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.
My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.
This means they are accepting it.
My case was sent to Nebraska Service center.
This means they are accepting it.
My case was sent to Nebraska Service center.
Used Advance Parole and gave my passport to the Officer, no questions asked and no issues. This is at Dallas on 23rd April. It just took 15 minutes to complete the immigration check.
