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OCTOBER 1, 2004 - H-1B CAP
REACHED FOR FY 2005
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The U.S.
Citizenship and Immigration Services ("USCIS") announced today that
it has received enough petitions for new H-1B visas to meet the
congressionally-mandated cap for fiscal year 2005. All new
H-1B petitions received by the end of the business day on October 1,
2004 will be fully processed. New petitions received after
October 1, 2004 will be returned. The earliest date a
petitioner may file a new H-1B petition for FY 2006 with an
employment start date of no sooner than October 1, 2005, will be
April 1, 2005.
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Current H-1B workers do not count towards the
congressionally mandated H-1B cap, and therefore USCIS will continue
to process petitions filed to (1) extend the length of stay for
current H-1B workers; (2) change the terms of employment for current
H-1B workers; (3) allow current H-1B workers to change employers;
and (4) allow current H-1B workers to work concurrently in a second
H-1B position.
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In addition, the announcement stated that
"petitions for new H-1B employment are not subject to the annual cap
if the alien will be employed at an institution of higher education
or a related or affiliated nonprofit entity, or at a nonprofit
research organization or a governmental research organization."
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For more information on the revalidation process, please contact
your immigration attorney.
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