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    An H-1B worker may start working for a new employer
    after FILING the transfer petition, provided they have not worked without authorization in the past. (Previously, they had to wait until the transfer petition was approved before starting work.)

    An individual who has filed for adjustment of status and whose application has been pending for more than 180 days is allowed to change jobs within "the same or a similar occupational classification" without affecting the validity of their underlying labor certification or I-140 petition.

    Any employment-based immigrant visas that were available but not used in FY1999 and FY2000 are to be "banked" for future years if the demand for employment-based visas exceeds the overall cap for that year.

    H-1B non-immigrants who have filed an I-140 immigrant petition and whose labor certification or I-140 was filed at least 365 days prior may obtain extensions of their H-1B status beyond the 6 year limit, in one year increments, until their adjustment of status or immigrant visa petition is decided.

  • #2
    Please Comment on this

    Finally something that benefits us has been passed by the house.

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    • #3
      It benefits the future of USA too. The whole purpose of the bill is trying to attract and retain the talent people in US so US can maintain its domaint leadship in technology. They are making a very wise decision.

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      • #4
        Comments

        This is true it is a very positive and much awaited piece of legislation. This shows that finally some wheels are starting to turn. I guess the message is getting thru that other countries such as Germany/UK are also now beginning to compete for the best and brightest. This specially help those who are waiting on the wings with no light at then end of the immigration tunnel with their 6 years winding down.

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        • #5
          Re: Comments

          "H-1B non-immigrants who have filed an I-140 immigrant petition and whose labor certification or I-140 was filed at least 365 days prior may obtain extensions of their H-1B status beyond the 6 year limit, in one year increments, until their adjustment of status or immigrant visa petition is decided. "

          What happens in the scenario that an Labor Certification took say 1+ yr to get approved and the I140 has been filed for less than 1 yr and that persons 6 yr limit on H1 is reached. Does that person also become eligible for extention or has to leave the country. I am sure quite a few people in CSC jurisdiction must be in this situation.

          Any comments. Just curious.

          Thanks.

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          • #6
            my interpretation

            I would read it at Either/OR or combination > 365 will qualify. In short if it has been > 365 since you started you GC, I would presume you are out of the woods. Otherwise It would not be very helpful isn't it.
            Let us suppose that labor takes 11 months the you file I140 that take 10 months now your H1 runs out, I don't think you have to leave.

            The I140 clause is in there because certain category of GC do not file Labor(eg.EB1), therefore for them clock starts with I140.

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