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Archive for December, 2007

H-1B Visa Extensions Beyond Six Years Under AC21 – The Statutes

December 31st, 2007 Comments off

In the upcoming days and weeks, I’ll be posting information about H-1B extensions beyond the general 6-year limit aka 7th year H-1B extensions. These types of H-1B extensions can be extremely complicated and fact specific. But the information should help provide a solid foundation.

It’s always best to start with the statutes. Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B extensions beyond the sixth year can be valid for either 1 year or 3 years.

 

Statute for 3-Year H-1B Extension Under AC21 –

Sec. 104(c) One-Time Protection Under Per Country Ceiling.
Notwithstanding 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.

 

Statute for 1-Year H-1B Extension Under AC21 –

Sec. 106(a). Special Provisions in Cases of Lengthy Adjudications.
(a) Exemption From Limitation – The limitation contained in section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 204(b) of that Act to accord the alien immigrant status under section 203(b) of that Act, or an application for adjustment of status under section 245 of that Act to accord the alien status under such section 203(b), has been filed, if 365 days or more have elapsed since —

  1. the filing of a labor certification application on the alient’s behalf (if such certification is required for the alien to obtain status under such section 203(b)); or
  2. the filing of the petition under such section 204(b).

(b) Extension of H-1B Worker Status – The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien’s lawful permanent residence.

Conclusion

The statutes are a great starting point. But you need the regulations and other guidance from USCIS to really understand H-1B extensions beyond the 6 years. Regulations, guidance, and come of my own insight to follow.

USCIS Filing Fees in 2008

December 19th, 2007 Comments off

USCIS Filing Fees

  • Petition for Nonimmigrant Worker I-129 equals $320
  • Petition for Alien Relative I-130 equals $355
  • Application for Travel Document I-131 equals $305
  • Immigrant Petition for Alien Worker I-140 equals $475
  • Notice of Appeal or Motion I-290B equals $585
  • Application To Register Permanent Residence or Adjust Status I-485 equals *$930 plus a biometrics fee of $80; the fee total is $1,010
  • Supplement A to Form I-485 (under Section 245(i) of the Immigration and Nationality Act) equals $1,000
  • Application To Extend/Change Nonimmigrant Status I-539 equals $300
  • Application for Waiver of Ground of Inadmissibility I-601 equals $545
  • Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act) I-612 equals $545
  • Request for Premium Processing Service I-907 equals $1,000
  • Application for Naturalization N-400 equals **$595 plus a biometrics fee of $80; the fee total is $675

* There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 79 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: – Filing with the I-485 application of at least one parent have a fee total of $600 – Not filing with the I-485 application of at least one parent have a fee total of $930

**Applicants 75 years of age or older are not charged a biometric fee; their fee total is $595. No fee is required for military applicants filing under Section 328 and 329 of the INA.

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Visa Bulletin – December 2007

December 14th, 2007 No comments

Employment-Based Visa Bulletin – December 2007:

December 2007 Visa Bulletin - Employment

Family-Based Visa Bulletin – December 2007:

December 2007 Visa Bulletin - Family

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