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H-1B Get Ready For April


On April 1, we will be able to file new H-1B petitions for the 2008-2009 fiscal year (see related article).  In March 2008, the USCIS announced several new rules that will govern these filings:

1.  Those with U.S. Master's degrees will be allowed to file only one H-1B petition (rather than one petition against the 20,000 Master's degree cap and another against the 65,000 regular cap).

2.  The USCIS will accept cap-subject H-1B petitions during a period of five business days commencing April 1, 2008.  Those cases will be subject to a lottery.  Petitions do not have to arrive on April 1 to be considered for this year's quota.

3.  The same employer cannot file more than one H-1B petition for the same employee.  Multiple filings will be denied without a refund of the filing fees.

4.  H-1B petitions that incorrectly claim an exemption from the quota will be denied, and the filing fees will not be refunded.

The full text of this regulation can be viewed by clicking here.



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  2008 H-1B Interim Regulation

Article on H-1B Portability