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AC21 – USCIS Updates and Changes

A recent, Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides supplemental guidance on the processing of I-140s and H-1Bs under AC21.

Some of the Key changes in this Memo are the following:
Post 6th year H1B extensions wll not be available if the workers’ Labor certification or PERM application has been revoked, or if the visa petition is not submitted within 180 days following the PERM approval occured on or after July 16, 2007. If you recall this was the extended deadline following the visa Bulletin changes in July of 2007.

Employees in cap exempt H1B jobs may be granted concurrent H1B for cap subject jobs.

Persons may not take advantage of the 180 day Portability to change jobs unless an immigrant visa petition has been approved on their behalf.

Read this important Memo here Download file