May 2005 Yates Memo on Various AC21 Issues!
Posted May 20, 2005
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On May 12, 2005, William R. Yates, the Associate Director for Operations at USCIS, issued a memorandum to the Regional Directors and the Service Center Directors. The Memo addresses several important employment-based matters of particular benefit to our MurthyDotCom and MurthyBulletin readers. Many of these issues are addressed in a more favorable manner than under the guidance or interpretation of earlier USCIS memos. All of the points in this May 2005 Memo from Mr. Yates deal with the various aspects of the law referred to as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).
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In particular, the May 2005 Memo permits some persons with pending I-140 petitions to still use AC21 portability to change employers or to a job that is the same or similar even before its approval; permits the filing earlier than before of H1B extensions beyond the normal six-year limit together with remaining time within the six-year limit; confirms who and the length of time that for which one may file an H1B extension if that person is pursuing an employment-based green card and is affected by retrogression; and explains what happens if one uses H1B AC21 portability in situations where an H1B extension or other H1B transfer is already pending with a different employer/s.
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Mr. Yates's May 2005 Memo is outlined in question and answer format, addressing many complex procedural H1B and employment-based "green card" matters under AC21. We will be providing a detailed review of this Memo in an upcoming edition of the MurthyBulletin. The article will also be made available on MurthyDotCom.
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We at The Law Office of Sheela Murthy applaud and appreciate the effort of Mr. Yates and the USCIS in releasing this Memo that provides guidance to employers and employees on many points under AC21 until the publication of final regulations. We also need to point out that memos of this type do not have the force of law and are subject to change by the issuance of subsequent memos, regulations, or changes in law. They are guidance on USCIS interpretation at the time they are issued and generally are used by the Service Centers in deciding cases. Thus they are helpful for the many gray areas under the law.