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INS: E,H AND L VISAS MAY BE EXTENDED WHILE GREEN CARDS ARE PENDING The INS has issued a policy memorandum designed to make explicit that immigrants in the US on E, H-1B or L-1 visas may file a petition for extension of status even though they have I-485s pending. The memorandum further provides that aliens who were denied extensions because they had a pending I-485 may re-file an application for extension that will then be approved retroactively to the date their previous status expired. In order to qualify for this procedure, the alien must have filed for adjustment of status before March 17, 1997, must have failed to file an application for extension because they were not sure they were eligible for the extension, and must not have yet received Advance Parole or any employment authorization documents, or received them after the employment or trip occurred. The memorandum also provides that H-1B visa holders need not obtain a new Labor Condition Application. If the LCA was valid at the time of filing for adjustment but has since expired, it will be considered valid during the entire period of otherwise unauthorized employment. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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