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

Labor certifications that are approved on or after July 16, are valid for calendar days. 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 ca21 LC approval.

Unfortunately, the Neufeld Memo indicates that the I petition must be approved, although this is contrary to the statute. 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.


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. This article highlights some of the important interpretive guidance in the Neufeld Memo, but also advises practitioners to advocate positions a21 behalf of their clients that have not been addressed in the Neufeld Memo.

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

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.

Leave a Reply Cancel reply Your email address will not be published. Review the pending I petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within days. If the USCIS determines that an H-1B alien beneficiary has ceased to be 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.


Your six-year total includes all the time you held H1B’s for all employers you worked for, as well as any time you were in H4 status. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I portability purposes. 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.

So it is recommended that H4 dependents file I concurrently with H1 extension applications, to avoid accidentally falling out of status. Dependents of H1B nonimmigrants are also eligible for extending their H4 status beyond the 6-year limit.

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USCIS Memo On Remainder Time And Other H Time Determinations

Feel free to contribute! 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. 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.

H-1B visa status is valid for a maximum of six years: If the petition is approvable 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. With AC21eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.

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

If a request for additional evidence RFE is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. 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, i. In other words, while an alien is the beneficiary on an H-1B petition approved through a cap-exempt employer, he or she can also be the beneficiary of an H-1B petition filed concurrently through a non-exempt employer.


Your letter in the H-1B extension application should explain your eligibility for the use of AC21 provisions. Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension.

In fact, it states that Al Wazzan is consistent with the earlier guidance. As long as your LC was filed more than days before your completion of six years in H status, you are eligible for 7th-year-extension and beyond. AC21 also provides job flexibility for certain aliens who have a pending adjustment of status application for more than days. When a response is received, and if the petition is approvable, following the procedures in part A above.

There yatrs no AC form, petition or application. However, the time you spent outside the U. So if an approved labor certification wasn’t used in an I petition within days, it would no longer be able to support an H1B post 6th-year extension.

Unfortunately, the Neufeld Memo does not address this issue. If you do not need LC, your process starts when your employer files I for you. The Neufeld Memo does not appear to contradict the interpretation in the Yates Memo.

Your email address will not be published. Actually, the correct term is H status. This memorandum re-issued prior guidance provided in the Yates Memo without change except to clarify the answer to questions 1 in Section 1.

Note that a person’s eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time yxtes filing H1B petition, not on a later date when the extension is actually reviewed. Although the Yates Memo suggested that an alien can port 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.

Can a aac21 seek an H-1B extension beyond 6 years when the other spouse is the beneficiary of a timely filed labor memp