News Update - April 21, 2008
By Alan Lee, Esq.†‡
H-1B News - Selection Process and Allowing F-1 Students to Change
Their Mind Who Designated Overseas Processing Because of Doubt that
They Could Remain Legally Until October 1st
U.S.C.I.S. has been acting with speed in dealing with H-1B petitions
which were filed between April 1st-April 7th for the fiscal year
2009 cap cases. The agency conducted the random selection process
of approximately 163,000 petitions for both U.S. master's or higher
and other H-1B applicants on April 14, 2008. The total number available
under the two caps was approximately 85,000. There were also a number
of petitions being
wait-listed in the event that chosen petitions are subsequently
denied, withdrawn, or otherwise found ineligible. The agency anticipates
that it will send a letter to the wait listed petitioners to inform
them of their status, and that it will either issue a receipt notice
or return the petition with fees within 6-8 weeks. Petitioners who
have been chosen should receive a receipt notice dated no later
than June 2, 2008. U.S.C.I.S. expects the total adjudication process
to take approximately 8 to 10 weeks. (This would be extremely quick
in light of the agency's past performance in which many petitions
were not adjudicated until August or September). It is processing
the selected premium processing cases first, and has already sent
receipts on a number of those cases.
U.S.C.I.S. has liberally resolved the dilemma in which it placed
many F-1 students and their petitioning organizations by not publishing
the rule extending OPT (optional practical training) status to October
1st until April 8, 2008, after the filing period had closed for
fiscal year 2009 H-1B petitions. Many petitions were marked for
overseas processing as F-1 students believed that they would not
be able to maintain legal non immigrant status until October 1st.
In an announcement on April 18, 2008, the agency said that it will
allow the petitioners in such cases to now request a change of status
if the cases are selected as long as such requests are received
within 30 days of the issuance of the receipt notices. Such notices
should be sent by e-mail to the below addresses and should include
the receipt number and both the petitioner's and beneficiary's name,
date of birth, I-94 (arrival/departure record ) number, and SEVIS
(Student and Exchange Visitor Information System) number.
E-mail addresses for requesting change of status are:
Vermont Service Center
Premium Processing cases: VSCPPCAPGAP.Vscppcapgap@dhs.gov
Non-Premium cases: VSCNONPPCAPGAP.Vscnonppcapgap@dhs.gov
California Service Center
Premium Processing cases: CSC.ppcapgap@dhs.gov
Non-Premium cases: CSC.nonppcapgap@dhs.gov
The U.S.C.I.S. is to be thanked for recognizing the importance
of the H-1B program to America and making such accommodations quickly
to further the program's purposes.
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