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April 21, 2005

Clarification of Information on H-1B Filings for fiscal 2005

The USCIS Service Centers are not currently accepting H-1B petitions for the fiscal 2005 20,000 H-1B numbers where the petitions request only start dates prior to 10/1/05. Any petitions with earlier than 10/1/05 start dates only, which are filed now, before official instructions are out, will be rejected by the Service Centers.

When asked about an approach that some AILA members are using, of requesting a 10/1/05 start date but annotating that an earlier date is desired if and when available, a USCIS HQ official indicated that that approach should NOT result in rejection of the petition. However, it was also indicated that there is no guarantee that that approach will be of any particular assistance in securing one of the fiscal 2005 numbers. USCIS is unwilling to say more on the subject.

Posted by VisaLawyer at April 21, 2005 06:46 AM

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