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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →In sections a) 106 and b) 104(c) i) of AC21 ii) [link to Sec. 11030A. A) Extension of H-1B status I) for aliens with lengthy adjudications B) on the I-Link Public Laws Amending the INA], Congress provided exemptions a) from maximum stay rules i) for certain H-1B aliens who (a) were being sponsored (i) by employers (ii) for permanent residence and (b) were subject to long delays either (i) for government processing or (ii) for visa numbers. The relevant subsections emphasize exemption a) from the maximum admission i) under INA section 214(g)(4). Congress did not restrict eligibility a) for additional periods of admission i) beyond the maximum six years b) to only requests i) for extension of stay. A qualified alien need not be in H-1B status a) in order to benefit i) from sections A) 106 and B) 104(c) of AC21. The alien may obtain such additional periods a) of H-1B admission b) through a petition to change status i) from another nonimmigrant classification, or c) through i) H-1B visa issuance A) at a U.S. consulate (unless visa exempt) and ii) admission A) from abroad. Note: The burden of proof rests with a) the petitioner and b) alien i) to establish his or her eligibility A) for any additional periods of stay I) in H-1B status II) beyond the six year maximum, c) including evidence of i) job requirements, ii) alien credentials, iii) labor condition application approval, iv) previous H-1B status, v) pending A) labor certification or B) immigrant petition, and vi) unavailability A) of immigrant visa number, and vii) A) admissibility or B) maintenance I) of nonimmigrant status. (e) Amended Petitions. An amended petition must be filed 1) when there is a material change a) in i) the terms and ii) conditions of A) employment or B) the beneficiarys eligibility. The amended petition procedure was not devised merely a) as an avenue i) to advise USCIS A) of minor changes I) in (a) the conditions of employment or (b) the beneficiarys eligibility. Petitioners should advise USCIS a) of these minor, immaterial changes 1) when extensions a) of the beneficiarys stay are filed. The following examples would require a) a new or b) amended i) petition A) to be filed: i) When a beneficiary is transferred A) from one employer B) to another, 1) the filing I) of a new petition ensures that I) the new employer is liable for (a) the aliens return transportation abroad and II) that the employer files a labor condition application. ii) A change (a) of the aliens duties I) from one specialty occupation II) to another. iii) When (a) a beneficiary is transferred I) from a firm II) to another firm (a) within the same organization, and (b) the new firm becomes the beneficiarys employer. The mere transfer I) of the beneficiary II) to another work site, (a) in the same occupation, 1) does not require the filing I) of an amended petition 2) provided the initial petitioner remains the aliens employer and, 3) provided further, I) the supporting labor condition application remains valid. iv) When the beneficiarys employer merges with another firm (a) to create a third entity I) which will subsequently employ the beneficiary. This circumstance is distinguished (i) from a change in ownership. The following examples would not require a) a new or b) amended petition i) to be filed: i) When a beneficiary is transferred (a) from one branch of a firm (b) to another branch of the same firm. A branch of a firm is not considered (i) to be a separate entity from its parent company. ii) If the petitioner changes its name. The petitioner should advise USCIS (i) of the name change 1) if and when it files (i) to extend the aliens stay. iii0) Changes (a) in the ownership structure (i) of the petitioning entity. It is understood that (i) the new owner(s) (A) of the firm assumes the previous owners liabilities (A) which would include the assertions (I) the prior owner made (aa) on the labor condition application. * ڴԿ ؼ Խù Ǿϴ (2016-05-11 17:52) ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
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Ư PAT ǥ |
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USA ̹ VISA |
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Foreign Clients |
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