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APRIL, 2008.....
USCIS to Allow F-1 Students Opportunity to Request Change of Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1
students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of
status in lieu of consular notification.
This short-term measure follows an April 8, 2008 interim final rule that, among other actions, automatically
extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover
the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1.
To obtain the automatic extension, a student must be the beneficiary of an H-1B petition filed for the next
fiscal year (with an October 1 employment start date) and have requested a change of status. For F-1
student beneficiaries of petitions that USCIS subsequently rejects, denies, or revokes, or for those who
violate their status, the automatic extension terminates at that time.
Since the rule was published after the filing period had closed for new FY 2009 H-1B petitions, many
petitioners of F-1 students did not include a request for a change of status with the H-1B petition. Instead,
petitioners requested consular notification based on the assumption that these students would have been
required to leave the United States to obtain an H-1B visa at a consular office abroad.
USCIS has determined that it will allow petitioners of F-1 students whose H-1B petitions were randomly
selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request
a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the
issuance of the receipt notice.
To request a change of status in lieu of consular notification, petitioners (or authorized representatives)
should send an e-mail with the request to the USCIS service center where their petition is pending within 30
days of the issuance of the receipt notice. Special email addresses for each service center have been
established specifically for this purpose. These addresses are listed below and are posted on USCIS’
website. Petitioners should e-mail their requests for change of status in lieu of consular notification upon
receipt of the notice so the agency has the request before completing H-1B petition adjudication. The
requests should include the receipt number and both the petitioner’s and beneficiary’s name, date of birth,
I-94 (Arrival/Departure Record) number, and Student and Exchange Visitor Information System (SEVIS)
number. Please do not contact the service center about requesting a change of status until after receiving
the receipt notice.
E-mail addresses for requesting change of status are:
VermontService Center
Premium Processing cases: VSCPPCAPGAP.Vscppcapgap@dhs.gov
Non-Premium cases: VSCNONPPCAPGAP.Vscnonppcapgap@dhs.gov
CaliforniaService Center
Premium Processing cases: CSC.ppcapgap@dhs.gov
Non-Premium cases: CSC.nonppcapgap@dhs.gov
NOTE: If an F-1 student, who is the beneficiary of a selected 2009 H-1B petition, has a pending request to
change to a status other than H-1B but now wants to file under the process outlined above, he or she
should withdraw the previously filed change in accordance with established regulations.
--------------------------------------------------------------------------------------------------------------------------
USCIS Runs Random Selection Process For H-1B Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-
generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009
(FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an
H-1B visa number.
USCIS conducted two random selections, first on petitions qualifying for the 20,000 “master’s or higher
degree” (advanced degree) exemption, and second on the remaining advance degree petitions together
with the general H-1B pool of petitions, for the 65,000 cap.
The approximately 163,000 petitions received on the first five days of the eligible filing period for FY 2009
(April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the
appropriate service centers which numerical identifiers have been randomly selected, so each center may
continue with final processing of the petitions associated with those numerical identifiers.
Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt
notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners
or their authorized representatives. As previously announced, duplicate filings will be returned without the
fee. The total adjudication process is expected to take approximately eight to ten weeks.
For cases selected through the random selection process and initially filed for premium processing, the 15-
day premium processing period begins today (April 14), the day of the random selection process.
USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive
an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS
will retain these petitions until a decision is made whether they will replace a previously selected petition.
USCIS will send a letter to the wait list petitioners to inform them of their status
USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the
petition with fees within six to eight weeks.
USCIS to Accept H-1B Petitions Sent to California or Vermont Service Centers
Temporary Accomodation Made for FY 09 Cap-Subject H-1B Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced that it will not reject an H-1B
petition that is subject to the fiscal year 2009 cap solely on the grounds that it was received at the wrong
service center (e.g., the petition may have been inadvertently mailed to the California Service Center
instead of the Vermont Service Center or vice versa).
It is important to note this accommodation does not apply if the petitions were sent to the Texas or
Nebraska Service Centers.
USCIS is taking this limited, short-term measure to alleviate concerns from the public where an H-1B
petition has been received by USCIS but at the incorrect Service Center. This measure applies only to H-1B
petitions subject to the fiscal year 2009 cap that are received by USCIS before the close of business on the
“final receipt date”. USCIS will announce the final receipt date once the agency determines it has received
the number of petitions needed to fill the congressionally mandated limitations of 65,000 new H-1B visas
and 20,000 U.S. advanced degree exemptions per fiscal year.
USCIS Releases Preliminary Number Of FY 2009 H-1B Cap Filings
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced a preliminary number of
nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200
of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with
the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected
under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to
be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on
March 24, 2008 in the Federal Register.
USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
NEW RULE FOR H-1B March, 2008.
What is the H-1B visa program?
The H-1B visa program is used by U.S. businesses to employ foreign workers in occupations that require
theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher (or its
equivalent), such as scientists, engineers, or computer programmers.
What is the purpose of the new rule?
The overall goal of the new rule is to promote equal opportunity for prospective petitioners seeking visas for
H-1B workers.
What are the specific modifications under the new rule?
USCIS will now either deny or revoke multiple petitions filed by an employer for the same H-1B worker.
USCIS will not refund filing fees for duplicative or multiple H-1B petitions.
In years when USCIS implements the random selection process for petitions, USCIS will include petitions in
the random selection process that are filed during the first five business days available for filing H-1B
petitions for a given fiscal year, rather than just the first two such days.
If a petition incorrectly indicates that it is exempt from any of the H-1B numerical limits, the petition will be
denied if no H-1B visa numbers are available and the filing fees will not be returned.
Do the new rules referencing multiple filings on behalf of one worker apply to a parent company and its
affiliated entities?
The rule does not prevent related employers (such as a parent company and its subsidiary) from filing
petitions on behalf of the same alien for different positions, based on legitimate business need.
How long did it take for the prior FY2008 congressionally mandated H-1B caps to be reached?
April 2, 2007 was the first day H-1B petitions could be received for Fiscal Year 2008. On that day USCIS
received enough petitions to fill the 65,000 cap for Fiscal Year 2008. On April 30, 2007 , USCIS received
enough petitions to fill the 20,000 advanced degree cap.
What are the FY2009 congressionally mandated H-1B caps?
By law, the congressionally mandated cap is 65,000 for new H-1B visas per fiscal year, subject to certain
limited exceptions. The advanced degree exemption is 20,000 H-1B visas.
When can employers file an H-1B petition for fiscal year 2009?
April 1, 2008 is the first day petitions may be received for an October 1, 2008 start date.
What happens when the cap is reached?
When it is determined that the numerical limitations have been reached, USCIS employs a random selection
process to choose among the petitions received on the “final receipt date.” If the “final receipt date” falls
within any one of the first five business days, the random selection will be run using all the cap-subject
petitions received during those five days.
If the limits are reached during that period:
20,000 Reached - USCIS randomly selects from these petitions ahead of selection for the 65,000 limit.
Over 20,000 Not Selected - Considered with other H-1B petitions in the random selection for the 65,000
limit.
Under 20,000 – Ongoing approvals counted toward the 20,000 cap until the limit is reached.
If DHS finds out that an employer is filing multiple petitions for the same potential employee, will DHS
disqualify that employer entirely?
No. USCIS will deny all petitions filed by an employer for the same H-1B worker if more than one is filing is
discovered. If duplicate or multiple petitions are discovered after one or more such petitions were approved,
USCIS will revoke these petitions.
| H1B Visa News |
| General Information for U.S. Citizens Traveling to Mexico on Business, Pleasure, Retirement & Real State Green Card Holders Traveling to Mexico Mexican Consulates In U.S.A. |
| TIJUANA U.S. CONSULATE SPECIAL $305.00, p/p two or more |
