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Patman Moderator Username: Patman Post Number: 3562 Registered: 06-2014 Rating: N/A |
Although the heading for section 104(c) refers to a �one-time protection,� the statutory text makes clear that the exemption remains available until the beneficiary has an EB-1, EB-2, or EB-3 immigrant visa immediately available to him or her. (91) �See AC21 104(c) (authorizing H-1B extensions under this exemption �until the alien's application for adjustment of status has been processed and a decision made thereon�). An H-1B petition filed under section 104(c) may include any time remaining within the normal 6-year period of authorized H-1B stay in addition to the time requested in the exemption request, but in no case may the approval period exceed 3 years or the validity period of the LCA. See 8 CFR 214.2(h)(13)(iii)(E)(5). Thuuuuu naa bathuku .. akariki bala ni gillithe ban ayaaa .. chaasssssssss | ||
Patman Moderator Username: Patman Post Number: 3561 Registered: 06-2014 Rating: N/A |
AC21 SECTION 104(C)—PER COUNTRY LIMITATIONS Comment. One commenter recommended that DHS change its longstanding policy of granting extensions of H-1B status in 3-year increments under section 104(c) of AC21 for H-1B nonimmigrant workers who are the beneficiaries of approved Form I-140 petitions. That commenter requested that DHS instead grant extensions to cover the entire period during which such workers have pending applications for adjustment of status. The commenter believed that such a change would result in additional benefits, including avoiding gaps in employment authorization, encouraging employers to file H-1B extension petitions, facilitating portability, and realizing cost savings for both existing and new employers. Response. DHS declines the commenter's suggestion to grant extensions of H-1B status for individuals who are eligible for extensions of stay in H-1B status under section 104(c) of AC21 that would cover the entire period their applications for adjustment of status are pending adjudication. Although section 104(c) of AC21 provides authorization for H-1B status beyond the general 6-year maximum under section 214(g)(4) of the Act for certain beneficiaries when the H-1B petitioner can demonstrate that an immigrant visa is not available to the beneficiary at the time of filing, DHS regulations, consistent with section 212(n) of the Act, limit H-1B petition approval validity period to the validity period of the corresponding DOL-approved labor condition application. See 8 CFR 214.2(h)(9)(iii)(A)(1) and (h)(15)(ii)(B)(1). DOL regulations dictating H-1B labor condition application validity, which are not the subject of this rulemaking, establish an upper limit of 3 years. See 20 CFR 655.750(a)(1). Furthermore, the language of AC21 section 104(c) does not confer an automatic extension of status. An extension of up to 3 years provides a reasonable mechanism to ensure continued eligibility. USCIS accordingly grants such exemptions in increments of up to 3 years until it adjudicates the beneficiary's application for adjustment of status. (90) See 8 CFR 214.2(h)(13)(iii)(E)(1). Although the heading for section 104(c) refers to a “one-time protection,” the statutory text makes clear that the exemption remains available until the beneficiary has an EB-1, EB-2, or EB-3 immigrant visa immediately available to him or her. (91)  See AC21 104(c) (authorizing H-1B extensions under this exemption “until the alien's application for adjustment of status has been processed and a decision made thereon”). An H-1B petition filed under section 104(c) may include any time remaining within the normal 6-year period of authorized H-1B stay in addition to the time requested in the exemption request, but in no case may the approval period exceed 3 years or the validity period of the LCA. See 8 CFR 214.2(h)(13)(iii)(E)(5). Thuuuuu naa bathuku .. akariki bala ni gillithe ban ayaaa .. chaasssssssss | ||
Patman Moderator Username: Patman Post Number: 3560 Registered: 06-2014 Rating: N/A |
Ee tagodia IV sited half baked into icchi allakallolam srusthisthunaaru https://www.regulations.gov/document?D=USCIS-2015-0008-20059 https://www.federalregister.gov/documents/2016/11/18/2016-27 540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-pr ogram-improvements-affecting-high-skilled Thuuuuu naa bathuku .. akariki bala ni gillithe ban ayaaa .. chaasssssssss |