AC21- USCIS Issues Guidance on I-140 Employment Petitions, I-485 Petitions and H-1B Visa Extensions

A May 30, 2008 memorandum by USCIS provides directives for the following:

  • Revocation of approved PERM labor certification petitions; 
  • Validity period for approved labor certifications and PERM; 
  • Impact of labor certification validity periods on H-1B visa extension requests; 
  • H-1B visa extensions for aliens with I-140 petitions who are subject to the per country visa limitations in the backlogged employment-based visa preferences;
  • Concurrent employment requests for H-1B cap-exempt aliens; 
  • Change of employers by H-1B aliens who report LCA violations; 
  • I-140 portability for aliens who change employers; and
  • H-1B visa portability.

    This very detailed memorandum provides extensive guidance on PERM labor certifications, H-1B visa extensions as well as I-140/I-485 portability for those changing employers. [Read the entire memorandum].