Posted by: Java April 4, 2008
H1-B Cap update
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No update on the number of H1b cases received by the CIS yet.  In a memo on another topic this morning, the CIS stated that they will announce a final receipt date once they have recevied enough H1b cases to meet the H1b quota.  The statement as worded gave the impression that they have not received enough applications yet; however, most likely it just means that they are significantly behind in counting the number of cases received since they have not provided any type of count to date.

The USCIS also announced today the release of the interim final rule regarding extension of OPT from 12 to 29 months for 'qualified F-1 non-immigrant students.'  The breadth of this extension, unfortunately, is more limited than what the title implied.  The extension will be available to F1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.  To be eligible for an OPT extension, an F-1 student must:

1)  Currently be participating in a 12-month period of approved post-completion OPT;
2)  Have successfully completed a degree in science, engineering, technology, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by teh US Immigration and Customs Enforcement's Student and Exchange Visitor Program;
3)  Be working for a U.S. employer in a job directly related to the student's major area of study;
4) Be working for, or accepted employment with, an employer enrolled in US Citizenship adn Immigration Services' E-Verify program.  E-Verify is a free internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
5)  Properly maintain F-1 status.

A section of the memo also reads, 'Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program.  The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions.  The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.'
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