Read the May 12, 2005 memo. Yate has several, all very lenient. He interprets AC21 §104(c), and all others clauses to petitioners/beneficiaries' favor.
(cover page only)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: William R. Yates /S/
Associate Director for Operations
United States Citizenship and Immigration Services
Department of Homeland Security
Date: May 12, 2005
Re: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and
Form I-485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
Purpose
The purpose of this memorandum is to provide field offices with interim guidance on:
(1) Processing Form I-140 petitions and Form I-485 applications in connection
with the I-140 portability provision of §106(c) of AC21;
(2) Adjudication of H-1B petitions in connection with the 7th year extension
provisions of § 106(a) of AC21;
(3) Adjudication of H-1B petitions in connection with the 7th year extension
provisions of 104(c) for aliens subject to per country visa limitations; and
(4) Adjudication of H-1B petitions in connection with the H-1B portability
provisions of § 105 of AC21;
(cover page only)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: William R. Yates /S/
Associate Director for Operations
United States Citizenship and Immigration Services
Department of Homeland Security
Date: May 12, 2005
Re: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and
Form I-485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
Purpose
The purpose of this memorandum is to provide field offices with interim guidance on:
(1) Processing Form I-140 petitions and Form I-485 applications in connection
with the I-140 portability provision of §106(c) of AC21;
(2) Adjudication of H-1B petitions in connection with the 7th year extension
provisions of § 106(a) of AC21;
(3) Adjudication of H-1B petitions in connection with the 7th year extension
provisions of 104(c) for aliens subject to per country visa limitations; and
(4) Adjudication of H-1B petitions in connection with the H-1B portability
provisions of § 105 of AC21;