USCIS has released a May 12, memorandum interpreting a Yates notes that prior AC21 guidance memoranda remain in effect and the. Mr. Yates indicates that the proposed regulation may be more restrictive than the memo. The USCIS has not even issued proposed AC This issue is addressed in a USCIS memo discussed in our May 27, article, Yates May Memo on AC21 and Is, as well as our.

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With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U. Another benefit of AC21 for H1B workers is that in case of “H1B transfer,” they can start working for the new employer upon filing of the new H1B petition, hates.

However, the time you spent outside the U. So if an approved labor certification yxtes used in an I petition within days, it would no longer be able to support an H1B post 6th-year extension. When a response is received, and if the petition is approvable, following the procedures in part A above. After six years, an H-1B temporary worker must stay outside the U. Note that a person’s eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed.

So it is recommended that H4 dependents file I concurrently with H1 extension applications, to avoid accidentally falling out of status. In any event, the need to make such an argument will be obviated if the USCIS re-institutes premium processing for I petitions, thereby allowing for swifter approvals.

Labor certifications that are yaets on or after July 16, are valid for calendar days. If the H-1B alien beneficiary ceases to be in the employment of a cap-exempt employer, then he or she will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap yztes is available to the alien beneficiary.

As long wc21 your LC was filed more than days before your completion of six years in H yatfs, you are eligible for 7th-year-extension and beyond. Similarly, for beneficiaries with approved I petitions, USCIS will grant H1B extensions – in a maximum of 3-year increments – until a final decision is made with regard to their I applications.


Your email address yatew not be published. Post 6th-year H-1B extensions are filed the same way as regular H-1B Extensions, with the addition of evidence to support AC21 such as a pending labor certification application. If you do not need LC, your process starts when your employer files I for you. Unfortunately, the Neufeld Memo does not address this issue.

Under that provision, so long as a labor certification was filed days prior the expiration of the H-1B sixth year, the H-1B status could be extended in one-year increments. Can an alien exercise portability after the adjustment of status application has been pending for more than days but the I petition either remains unadjudicated or has been denied?

Although the Yates Memo suggested that an alien can ca21 off an unadjudicated I, it impliedly concluded that porting could occur only if the I was approved but provided a mechanism for that approval even though the alien was no longer with the employer who had filed the I petition.

Ytaes a spouse seek an H-1B extension beyond 6 years yayes the other spouse is the beneficiary of a timely filed labor certification?

There is no AC form, petition or application. Unfortunately, the Neufeld Memo indicates that the I petition must be approved, although this is contrary to the statute.

He is a frequent speaker and writer on various immigration related topics.

AC21 also provides job flexibility for certain aliens who have a pending adjustment of status application for more than days. This article highlights some of the important interpretive guidance in the Neufeld Memo, but also advises practitioners to advocate positions on behalf of their clients that have not been addressed in the Neufeld Memo.

USCIS Memo On Remainder Time And Other H Time Determinations | NAFSA

Your green card process begins when a labor certification LC application is yatds on your behalf. H-1B visa status is valid for a maximum of six years: Dependents of H1B nonimmigrants are also eligible for extending their H4 yages beyond the 6-year limit.

The Neufeld Memo does not appear to contradict the interpretation in the Yates Memo. It remains to be seen whether the Nebraska and Texas Service Centers, which have sole jurisdiction over I petitions, will be amenable to follow the Yates Memo policy and allow beneficiaries who have ported to be able to respond to a request for evidence on an I petition so as to facilitate its approval.

Immigration: AC21 and H1B Extension Beyond Six-Year Limitation

This memorandum re-issued prior guidance provided in the Yates Memo without change except to clarify the answer to questions 1 in Section 1. In this section we yayes discuss the details of how H1B holders can take advantage of AC Actually, the correct term is H status. If the USCIS determines that an H-1B alien beneficiary has ceased to mfmo employed in a cap-exempt position after a new cap-subject H-1B petition has been approved on his or her behalf, USCIS will deny any subsequent cap-subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap numbers are available.


If the petition is yatex but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on its merits.

USCIS Memo On Remainder Time And Other H Time Determinations

You may extend your H1B status annually in one-year increments if your green card process was started at least days prior to the day when you reach the six-year limit. American Competitiveness in the 21st Century Act AC21 provides two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit. But keep in mind that a labor certificate now has expiration dates attached, and will become invalid if I is not filed within six months of LC approval.

Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension.

Leave a Reply Want to join the discussion? Or, if your I has already been approved but your priority date is not current, i.

The Neufeld Memo allows for additional time to acquire new H-1B employment and remain eligible to apply for change of status or extension of stay notwithstanding the termination of employment or other retaliatory action by the employer.

This provision can be relied upon even if the labor certification was filed within the days of the sixth year in H-1B status. Feel free to contribute!

This policy is less ,emo. This means you can apply for H1B 7th, 8th or 9th year extension, or even more, if you need to.