Success Story: Taking Advantage of AC21 sec. 104(c) – Efficient preparation led our client to obtain three years in H-1B status
Section 104(c) permits three year extensions of H-1B status to those who are beneficiaries of an approved I-140, Employment Based (EB) petition, but cannot apply for adjustment of status because their priority date is not current.
Our client was in F-1/OPT status and had an approved I-140, and had used six years of H-1B status. She was offered employment with a new employer and hired us to explore her return to H-1B status. In reviewing the case, we learned that the upcoming visa bulletin, which became effective in three weeks, made our client’s priority date current which would have precluded her return to H-1B status. We efficiently and effectively worked with all involved and filed her H-1B extension prior to the first day of the upcoming month when the visa bulletin would become effective.
In accordance with the Neufeld memo of May 30, 2008, we requested adjudication based on the Visa Bulletin that was in effect at the time of the H-1B filing, not at the time of the adjudication. USCIS granted our three year H-1B status request and our client was very happy being able to return to work status for three years.
We are proud of this resourceful accomplishment and the strong partnership with our clients which made this successful filing possible.