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| EB-3 Visas Now Available! |
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Visas are now available for EB-3 employment-based petitions based on the recently issued October 2008 visa bulletin. EB-3 visas have been unavailable since July 2008. The July 2008 visa bulletin reported that the priority date for EB-3 category is expected to return to the June 2008 level in October 1, 2008. However, for the Philippines, the priority date retrogressed further to January 1, 2005 from the June 2008 priority date of March 1, 2006.For beneficiaries of EB-3 petitions, this means a longer waiting time to adjust to lawful permanent resident status. For some people, this may even present or aggravate problems concerning maintenance of status in the United States.
H-1B visa holders who are beneficiaries of EB-3 petitions can continue to maintain their valid status by applying for H-1B extension. H-1B visa is initially granted for a maximum validity period of 3 years, extendible for another 3 years or a maximum of 6 years. Once the maximum allowed duration has been reached, the beneficiary is required to leave the U.S. and may only be issued a new H-1B visa after residing abroad for a year. However, if the H-1B beneficiary has an approved or pending employment-based immigrant petition (Form I-140), it may no longer be necessary for him to leave the country in order to extend his status.
H-1B beneficiaries with pending or approved Form I-140 but have not yet filed an application for adjustment of status (Form I-485) may be eligible to apply for H-1B extension beyond their 6th year. They may apply for one-year extension if their Form I-140 has been pending for more than 365 days. If the Form I-140 has been approved, they may be eligible to request for additional 3 years.
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