Under the prior rules, you had to be in H-1B status and your six years of H-1B time had to be ending within 60 days. As of March 2, 2009, you are also eligible if you're no longer in H-1B status and your six years are finished. So, for example, if you used up your H-1B time and switched to another non-immigrant status or you left the country, you should be eligible. The press release and fact sheet can be found here.
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« TWO MORE IMMIGRATION APPOINTEES ANNOUNCED | Main | IMMIGRATION MEASURES INTRODUCED IN CONGRESS »
February 24, 2009
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My H-1B 6 years have completed. I am in AOS status working on EAD. I am planning to apply for EB-2 and switch my I-140, will this apply to me?
Posted by: VG | February 24, 2009 at 01:45 PM
Great. Not sure who this will help because what other status are you going to be in and still be "employed" by the petitioner? They need to allow H-1 extensions if PERM has been filed as in remove the 365 day requirement esp since PERM approvals are taking A LONG time.
Posted by: Rebecca | February 24, 2009 at 01:22 PM