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Law Offices of Fred L. Valentine, Jr.>Immigration>News>H1B

No New H-1-B Applications are being accepted until 1 April 2004

No new applications for work through 30 September 04 are being accepted by the USCIS unless employment will be at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. Additionally, USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

Applications for work beginning 1 October 04 will be accepted beginning 1 Apr 04.

Note: Even if an H-1B application can be filed on April 1, 2004, if the H-1B beneficiary's visa "status" expires before October 1, 2004, then he/she may have to depart the United States. (The reason is that when filing a change of visa "status" application, the new visa "status" start-up date must be within the remaining validity period of the visa "status", at the time of filing). In the past, "F" and "J" visa holders were granted a special extension of "status" so they would not have to depart the United States. This information will be reported in the Federal Register. Unfortunately, in the notice published on February 25, 2004, in the Federal Register, no such special provisions are being provided.

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