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Employers with any cases pending with the
Department of Labor Backlog Elimination Center
for which conversion to RIR (Reduction in
Recruitment) processing is desired must notify
the Dept of Labor of their intent to convert no
later than 1/22/07 in order to take advantage of
the ?hold-harmless? provisions of the policy.
Amendment requests to the application must
also accompany the conversion intent notice. To
encourage employers to use this option, the DOL
has provided a list of the advertisements that
will be considered sufficient under RIR to
establish the ?Pattern of Recruitment? needed.
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The CIS clarified in a recent CIS interoffice
memorandum that time spent as an H-4 or L-2
dependent does not count against the maximum
allowable periods of stay to principals in H1b OR
L1 status.
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The CIS clarified in a recent CIS interoffice
memorandum that H1b aliens who qualify under
the American Competitiveness in the Twenty-
First Century Act of 2000 (AC21) Sections 106(a)
& 106(c) need not be in H1b status when
requesting an additional period of stay beyond
the 6 year maximum H1b period. AC21 Sect 106
(a) is the provision which allows an alien to
apply for one year extensions beyond the 6 year
H1b maximum when a labor certification
application or I-140 application have been
pending for at least 365 days. AC21 Sect 106(c)
allows for 3 year H1b extensions beyond the 6
year H1b maximum period when the alien is the
beneficiary of an approved I-140 petition but
cannot adjust their status due to quota
limitations (i.e. not having a priority date that is
current according to the Department of State?s
Visa Bulletin).
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CIS will now allow an alien who has been absent
from the US for more than 1 year who has
previously been admitted to the US in H1b status
but did not exhaust his/her entire 6 year H1b
maximum period while in the US to seek
readmission to the US in H1b status for either
(1) a new 6 year period of admission (note: this
type of filing is subject to the H1b cap) OR (2)
apply for an H1b for the ?remainder? of his/her
initial 6 year maximum H1b period (note: this
type of filing is exempt from the H1b cap).
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If you know of anyone who would be interested in receiving our immigration bulletin, please feel free to forward it using the link below. As always, if you have any questions, please feel free to call or email me.
Sincerely,
Charlotte Danielsson, Esq
JD Stanford Law School; BA Economics--UC Berkeley
email:
cdanielsson@infinitilaw.com
phone:
(415)874-3540
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