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发帖数: 31 | 1 【 以下文字转载自 Immigration 讨论区 】
发信人: RandomMit (加油), 信区: Immigration
标 题: 真的开始整合法移民了 H-1b工作签证有效期只给1天！收到已过期
发信站: BBS 未名空间站 (Thu Oct 18 13:25:37 2018, 美东)
https://mp.weixin.qq.com/s/uSbRLI4u1CXOrtWx1Rg5Jw
USCIS 官方memo连接 https://goo.gl/oCmvh2
Validity period of approved petition
The petitioner must establish that the above elements will more likely than
not continue to exist
throughout the duration of the requested H-1B validity period. While an H-1B
petition may be approved for up to three years, USCIS will, in its
discretion, generally limit the approval period to the length of time
demonstrated that the beneficiary will be placed in non-speculative work
and that the petitioner will maintain the requisite employer-employee
relationship, as documented by contracts, statements of work, and other
similar types of evidence. 8 CFR 214.2(h)(9)(ii)(A) and (iii).
Extensions
In addition to the above elements that apply to all H-1B third-party
worksite petitions, if an H-1B petitioner is applying to extend H-1B
employment for a beneficiary who was placed at one or more third-party
worksites during the course of past employment with the same petitioner,
that
petitioner should also establish that the H-1B requirements have been met
for the entire prior approval period. This includes establishing that the
beneficiary worked in the specialty occupation, that he or she was paid the
required wage, and that the employer maintained the right
to control the beneficiary’s employment. If the petitioner did not comply
with the terms and conditions of the original petition and did not file an
amended petition on time, USCIS may have eligibility concerns about a
subsequent petition filed to extend the beneficiary’s employment.
If the terms and conditions of the initial approval period were not met and
the petitioner has demonstrated eligibility for the subsequent petition, the
extension petition may be approved, but the extension of stay request may
be denied. See 8 CFR 214.1(c)(4). This applies to petitions where the
beneficiary will remain at the same worksite or be placed at a new worksite.
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