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July 20, 2006

Rejections of U.S. Advanced Degree H-1B Petitions

Just in from AILA;

In the SCOPS call of 7/17/2006, SCOPS confirmed with AILA that the latest numbers available had been posted to the USCIS website on 7/12/2006. They also confirmed that the cap has not been reached but that numbers are going quickly.

Members have been reporting rejections from VSC stating that the cap has been reached. SCOPS is aware of this and if any case was erroneously rejected, it can be resubmitted. For now, please resend the application to the VSC, indicating that it is a resubmission. AILA is working with VSC to establish a more specific procedure.

However, before resubmitting the application, please make sure that the rejection was inappropriate. On the “H-1B Data Collection and Filing Fee Exemption Supplement” (formerly the I-129W), there are two different places where an advanced degree must be noted. The first is Part A, Question 5. The second is Part C, Question 7. You must answer “Yes” to both questions. Please also make sure that the filing date requested is 10/01/2006 or later.

Posted by VisaLawyer at July 20, 2006 12:46 PM

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