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If the visa holder has an approved I-140 immigrant petition but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. This exception originated in section 104a (AC21 104a).
The visa application must include an approved Form I-129 as well as other supporting documents necessary for the visa status. [6] For each of the classifications for which Form I-129 can be filed, there are associated visa classes for dependents (spouses and minor children), such as the H-4 visa for H visa holders and the O-3 visa for O visa ...
In summary, the provisions of AC21 did the following: They helped increase the efficiency of utilization both of the H-1B status for temporary skilled workers (i.e., "non-immigrant workers") acquired by filing Form I-129, as well as the employment-based immigrant categories for immigration (EB-1, EB-2, and EB-3, acquired through Form I-140), thereby increasing the number of people who at a ...
USCIS guarantees a response within 15 calendar days, or the $2,500 will be refunded (and the case will continue to receive premium treatment.) Although the H-1B1 transfer of status processed in the same pool as other H1B I-129 change-of-status or extension of stay applications, it is ineligible for Premium Processing. Cap-Gap Extension
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to individuals and/or employers filing Form I-129 (Petition for a Nonimmigrant Worker), Form I-140 (Immigrant Petition for Alien Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status- currently available to those applying for F, M or J status only) or Form ...
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services.It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status.
Adjustment of status is submitted to USCIS via form I-485, Application to Register Permanent Residence or Adjust Status. If an immigrant visa number is available, the USCIS will allow "concurrent filing": it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140.
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. [1] A dependent family member is a spouse or unmarried child under the age of 21. [2]