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H-1b cap reached, what next?

 

Question:

Now that the cap has been reached, how will the INS deal with the remaining H-1B petitions?


Answer:
 

INS will implement the following procedures for the remainder of FY 2000 (through September 30, 2000).  

For FY 2000 petitions for first-time employment of H-1B workers that are received before March 21, 2000, the petitions will not be returned. INS will adjudicate the petitions and, if approvable after the cap has been reached, will grant the petitions with a valid start date of October 1, 2000, when H-1B visas for FY 2001 become available.  

All FY 2000 petitions for first-time employment of H-1B workers that are received on or after March 21, 2000, will be returned along with the accompanying fees to petitioners. Petitioners may resubmit their petitions at any time and request employment beginning on or after October 1, 2000, when H-1B visas for FY 2001 become available.  


Petitioners may choose to withdraw their petitions at any time and forfeit the fees by submitting a written request containing the receipt number of the H-1B petition, the name of the employer, and the name of the individual for whom the petition was filed. The request should be faxed to the
Immigration Services Division, Attention: H-1B Withdrawal, FAX (202) 514-2093.  


H-1B petitions requesting first-time employment of H-1B workers beginning on or after October 1, 2000 (FY 2001) will be processed as received by INS and counted against the 107,500 cap for FY 2001. The earliest a petition for FY 2001 employment can be filed is April 1, 2000.

 March 21, 2000

 

   
   

 

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