View Full Version : S2045-HOW WILL IT HELP H1B
10-03-2000, 12:22 PM
S2045 PASSED BY SENATE TODAY.
HOW WILL IT HELP A PERSON WHO HAS I140 APPROVED BUT NO CURRENT PD? AND H1 EXPIRING
WILL THE NEW BILL(YES IF IT PASSED BY THE HOUSE ET AL) HELP TO CHANGE JOBS WHILE STILL OF I140 AND NOT FIEL FOR LC ALL OVER AGAIN
10-03-2000, 01:04 PM
Q. Would the bill allow a person in H-1B status to extend this status for more than six years?
A. In some cases, the answers is yes. The bill would allow for extensions of H-1B status to be granted in one-year increments by the INS if an H-1B worker is the beneficiary of an Alien Labor Certification or an EB visa petition, and over one year has passed since the labor certification or visa petition was submitted. Also, workers who can not qualify for green cards because of per country quotas would also be permitted to receive extensions of their H-1B status. Extensions of H-1B status would be granted until the worker adjusts his status to permanent resident in the U.S.
The latest amendment reads:
(c) Increased Job Flexibility for Long Delayed Applicants for Adjustment of Status:
(1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:
`(j) Job Flexibility for Long Delayed Applicants for Adjustment of Status to Permanent Residence: A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.'.
This means you must have filed for AOS for 180 days(just 140 will not work).
10-03-2000, 01:54 PM
What if the person has had her I-485 pending for 179 days but was fired on the 180th day. Can she still legally continue her AOS if a new company employs her after 180 days? Assuming she gets a similar job and in the same area.
If NO, does this mean she has to start again with a new I-140?