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发帖数: 19 | 1 On April 24, 2003, CIS (INS) issued a new update clarifying H-1B extension
beyond the 6 year limit. One can qualify for the H-1B extension beyond the 6
year limit when:
• 365 days or more have passed since the filing of ANY application for
labor certifications, Form ETA-750, that is required or used by the H-1B
holder to obtain status as an EB immigrant, or
• 365 days or more have passed since the filing of an EB immigrant
petition.
Any H-1B holder who meets the above criteria on or | s*****w
发帖数: 19 | 2 On April 24, 2003, CIS (INS) issued a new update clarifying H-1B extension
beyond the 6 year limit. One can qualify for the H-1B extension beyond the 6
year limit when:
• 365 days or more have passed since the filing of ANY application for
labor certifications, Form ETA-750, that is required or used by the H-1B
holder to obtain status as an EB immigrant, or
• 365 days or more have passed since the filing of an EB immigrant
petition.
Any H-1B holder who meets the above criteria on or after November 2, 2003, may
be eligible for an extension of H-1B status beyond the 6th year. Accordingly,
if the filing date of the labor certification application or the EB immigrant
petition is 365 days or more prior to the filing date of the extension
application, and the application is adjudicated on or after November 2, 2002,
the H-1B holder is eligible for an extension of H-1B status beyond the 6th
year. The request for an extension of status must establish that the applicant
is in valid H-1B status at the time the application is filed with the CIS. The
CIS is required to grant the H-1B extension in one-year increments, until a
final decision is made:
• to deny the application for labor certification, or, if the labor
certification is approved, to deny the EB immigrant petition that was filed
pursuant to the approved labor certification;
• to deny the EB immigrant petition, or
• to grant or deny the application for an immigrant visa or for
adjustment of status.
CIS will not consider a decision that is under appeal to be final until such
time as a decision is issued by the BALCA, the labor certification appeal
unit.
Family members are eligible for H-4 status for the same period of authorized
stay granted to the principal H-1B beneficiary. |
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