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                Locations                                                                 News Archives: August-2004
   
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News:
Aug 23, 2004- H-1B ALERT
Aug 23, 2004- H-1B Extension Beyond 6 Year

Aug 23, 2004- H-1B ALERT

Nankin & Verma PLLC has been informed by AILA that as of August 4, 2004, the United States Citizenship and Immigration Service had received 40,000 H-1B petitions subject to the Fiscal Year 2005 cap. Out of that 40,000, there have already been approvals of 21,000 H-1B visas, while the rest are pending adjudication. We will continue to monitor the situation, and will post updates as soon as they are available.

Aug 23, 2004- H-1B Extension Beyond 6 Year

The CIS Service Center Operations office, “SCOPS,” recently reversed its previous position that an application for extension of H-1B status beyond 6 years filed before a Labor Certification Application has been pending 365 days, would be acceptable. SCOPS now advises that a request for an H-1B extension beyond the sixth year, under the 2002 DOJ Authorization legislation that amended AC21, must be filed no less than 365 days after the date that the labor certification application was filed. If it is filed before the 365 days have run, it is subject to denial, even if the extension would not take effect until after the 365 days. 

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