morchu
05-21 12:45 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
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Marphad
01-12 12:14 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
fide_champ
06-25 02:42 PM
ask the lawyer what he was thinking
It looks like the lawyer did not find any information that they should not send it before July 1st.
It looks like the lawyer did not find any information that they should not send it before July 1st.
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hpandey
06-02 04:17 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
As Kaiserose pointed out the H1 quota is done for the year and will not open till April next year and start in Oct 2009 . Considering that you do get an H1 for your wife next year , make sure that she is working coz while applying for her I-485 they might ask for W2's and paystubs for her ( an H1 person cannot be without pay for such an extended period of time ).
Going on F1 is a good idea but I think for that you have to go back to your home country and get it stamped and come back ( can someone confirm this ?? ). This new regulation was put in place due to the security measures after 2001 . But best confirm with your lawyer.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
As Kaiserose pointed out the H1 quota is done for the year and will not open till April next year and start in Oct 2009 . Considering that you do get an H1 for your wife next year , make sure that she is working coz while applying for her I-485 they might ask for W2's and paystubs for her ( an H1 person cannot be without pay for such an extended period of time ).
Going on F1 is a good idea but I think for that you have to go back to your home country and get it stamped and come back ( can someone confirm this ?? ). This new regulation was put in place due to the security measures after 2001 . But best confirm with your lawyer.
more...
paskal
08-27 01:50 PM
Please be good enough to join your state chapter
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!
Gravitation
07-20 02:19 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
more...
alterego
04-12 08:39 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
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mrane1
08-05 11:15 PM
I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:
more...
pitha
05-14 11:35 PM
It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
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amitga
02-15 11:29 AM
The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.
IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.
IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.
more...
abcdefgh
01-18 10:26 AM
Do the Primary Applicant and the Spouse both need to take this Test??
No
only the primary applicant needs to take the test
No
only the primary applicant needs to take the test
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arrarrgee
07-13 11:57 AM
my question too...why not wait till the announcement? :confused:
kinda confused here..
why do we need the rally.. if there is going to be some new that will resolve the issues?
If its going to leave some issues unresolved.. the we need this.
Go IV!!
kinda confused here..
why do we need the rally.. if there is going to be some new that will resolve the issues?
If its going to leave some issues unresolved.. the we need this.
Go IV!!
more...
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rkrishna123
10-17 03:10 PM
Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time
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BMS1
08-21 12:04 PM
Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.
Interview is not mandatory for I485. Only a small percentage gets the interview call.
Interview is not mandatory for I485. Only a small percentage gets the interview call.
more...
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waitnwatch
05-30 12:29 PM
This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?
I would like to hear everyone's opinion on this.
I would like to hear everyone's opinion on this.
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abhijitp
01-26 05:42 PM
^^
more...
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dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
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dpsg
04-08 01:04 AM
Please use more professional subject. All this information is in public domain
& lawmakers like other's if get to read this will have a negative effect.
& lawmakers like other's if get to read this will have a negative effect.
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sobers
05-31 03:46 PM
Clearly IV-QGA has a long ways to go before it an be featured in the 'big league'. Despite its short existence, its commendable what IV-QGA has been able to accomplish.
=========
National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.
Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
* Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
McCains cancels appearance at fundraiser:
http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html
NumbersUSA.com: Rosemary Jenks, James Edwards
Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.
Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.
United to Secure America: William Crosby, Wright Andrews
In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.
American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.
=========
National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.
Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
* Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
McCains cancels appearance at fundraiser:
http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html
NumbersUSA.com: Rosemary Jenks, James Edwards
Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.
Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.
United to Secure America: William Crosby, Wright Andrews
In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.
American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.
pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
pappu
03-17 03:53 PM
Some recent news from USCIS.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
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