- Is a beneficiary of an approved Immigrant Petition (I-140), or
- Has been granted an extension of H-1B based American Competitiveness in the Twenty-first Century Act of 2000 (AC21), as amended by the 21st Century Department of Justice Appropriations Authorization Act. (In other words - 7th year extension has been granted)
When OMB approves the final rule, DHS has to publish it in the final register. In general the rule will be effective no less than 30 days after publication. (See http://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf for information on rule making process). In addition to the rule making process, USCIS also has to provide guidance on the process/procedure to apply for employment authorization based on this rule. We anticipate this process to be completed within the next 30-60 days. Sikal & Associates will keep you updated on progress of this rule and inform you when there is an anticipated date on which applications can be filed.