This December 27, 2005 USCIS memo from Michael Aytes is a reissuance of a May 12, 2005 USCIS memo from William Yates. The memos are the same except for a clarified USCIS response to Question 1, Section I. The memo provides interim field guidance to USCIS on processing Form I-140, employment-based Forms I-485, and H-1B petitions under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), including:
- Processing Form I-140 petitions and Form I-485 applications in connection with the I-140 portability provision of §106(c) of AC21;
- Adjudication of H-1B petitions in connection with the 7th year extension provisions of § 106(a) of AC21;
- 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
- Adjudication of H-1B petitions in connection with the H-1B portability provisions of § 105 of AC21