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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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