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- July 31, 2010: AILA PROPOSES IMMIGRATION SOLUTIONS (VIDEO)
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- June 30, 2010: H-1B CAP UPDATE FOR FY-2011 (6/25/2010)
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Archive for November 20, 2007
MAGED ROST IS NOW ACCEPTING FY 2009 CAP-SUBJECT H-1B CASES
November 20, 2007 by Bradley Maged.
Maged Rost is now accepting clients who would like to apply for cap-subject H-1B status for FY 2009. As many of you are undoubtedly aware, this year’s 65,000 cap was exhausted on the first day cases were accepted for filing. In fact thousands of petitions were rejected even though they were received on April 2, 2007 (April 1, 2007 was a Sunday).
For those who wish to commence H-1B employment on October 1, 2008, the petition may be filed as of April 1, 2008 (and preferably no later as all available cap-subject petitions will likely again be exhausted in a single day). Please call or e-mail us for additional information. www.magedrost.com.
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USCIS ADJUDICATION OF CONCURRENT H-1B PETITIONS
November 20, 2007 by Bradley Maged.
THIS POSTING WAS UPDATED ON 11/20/07.
The following is for informational purposes and is not legal advice. Please consult a qualified lawyer for assistance with your matter.
Yesterday, AILA reported that the California Service Center (CSC) would be denying concurrently-filed H-1B petitions filed by cap-subject organizations on behalf of beneficiaries who had an approved H-1B from a cap-exempt employer. Such concurrently filed cases have been approved in the past. [AILA InfoNet Doc. No. 07111966 (posted Nov. 19, 2007)]. However, today AILA is reporting that the CSC will not be making any changes at this time: “CSC will return to prior policy with respect to certain forms of concurrent H-1B employment involving employment of an H-1B alien in cap-subject employment where the alien is already employed in cap-exempt employment.” [AILA InfoNet Doc. No. 07112065 (posted Nov. 20, 2007)].
A few facts about H-1Bs: (1) H-1B status is employer-specific, meaning that the beneficiary can work only for the petitioning organization; (2) H-1B’s are permitted to be for part-time employment so long as the labor condition application and the I-129 petition filed with the USCIS accurately state the offered wage and number of hours worked weekly; (3) a beneficiary is permitted to have more than one H-1B, concurrently filed by different organizations; and (4) certain organizations and beneficiaries are cap-exempt, meaning that they are not subject to the annual 65,000 numerical limitation on H-1Bs.
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