amitjoey
03-20 04:18 PM
Something has already happened in the background.
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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!!!
gbof
01-30 11:32 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
please, see your PM
please, see your PM
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OLDMONK
07-06 11:47 AM
Another 10-20 Questions like these would definitely get the ball rolling @ washington post hopefully.
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shana04
02-06 09:50 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
alien2006
08-07 03:05 PM
Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
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letstalklc
11-04 01:58 PM
This is great news for huderabadis....no more chennai visits....we can save lot of time in travelling....
We all should proud for having US consulate....
We all should proud for having US consulate....
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newu77
08-08 04:58 PM
Oops - I am also in same boat:(.
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
more...
mirage
06-16 09:33 PM
In my case they made 4-5 attempts before it was delivered...
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gcchaahiyey
04-07 03:53 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
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Redeye
04-09 03:05 PM
First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
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ghost
09-21 04:38 PM
Thanks! guys.....All in the same boat then....Screwed.....
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
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vikram2101
08-08 05:34 PM
That's funny someone told you that ..
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
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rcauvery
07-16 02:01 PM
You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
more...
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Gravitation
04-09 01:12 PM
We must think about what we do after CIR fails.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
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paskal
06-13 04:41 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
more...
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blacktongue
02-15 01:29 PM
Some states will still backlogged.
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another_wei
05-01 02:07 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
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greencard_fever
09-19 10:27 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
permfiling
08-03 12:44 PM
Did you get your EAD / AP ?
krishna_brc
06-20 01:21 PM
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
Thank you very much.
Thank you very much.
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