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【 以下文字转载自 Working 讨论区 】
发信人: saintphoenix (找工作), 信区: Working
标 题: H1B update
发信站: BBS 未名空间站 (Fri Oct 17 18:35:23 2014, 美东)
今天收到律所的信，说uscis对H1b有如下三个变化：
USCIS recently began adopting different position on three types of H-1B
petitions that were consistently treated as cap exempt cases in the past.
Cap-Subject If Counted Prior to the Past Six Years
In years past, USCIS routinely approved H-1B petitions for individuals who
were previously granted H-1B status, no matter how long ago, provided they
have not exhausted the maximum six-year limit. Such individuals had the
choice to be exempt from the annual cap and receive H-1B status for the
remainder of the six-year limit. Recently, however, USCIS began denying the
H-1B petition when the H-1B beneficiary was counted against the cap more
than six years ago and has not been in the US in H-1B status for more than
one year.
H-1B Beneficiaries Approved for Next Fiscal Year Cannot Transfer Until After
October 1st
Historically, USCIS has allowed first time H-1B beneficiaries, who have been
approved for H-1B beginning the next fiscal year, starting on October 1, to
file a change of employer H-1B prior to October 1. However, USCIS has
taken a new stance and now will not approve an H-1B changing employer
petition unless the petition was filed after October 1st (i.e., after the
validity period starts).
Approved for H-1B but Never Activated H-1B Status or Applied for Visa
H-1B beneficiaries who received an H-1B approval in previous fiscal years,
but have never spent time in H-1B status in the U.S. or applied for an H-1B
visa at a U.S. Embassy or Consulate, are now considered to be cap-subject.
It remains to be seen if USCIS will continue to hold these troubling
positions.
发信人: saintphoenix (找工作), 信区: Working
标 题: H1B update
发信站: BBS 未名空间站 (Fri Oct 17 18:35:23 2014, 美东)
今天收到律所的信，说uscis对H1b有如下三个变化：
USCIS recently began adopting different position on three types of H-1B
petitions that were consistently treated as cap exempt cases in the past.
Cap-Subject If Counted Prior to the Past Six Years
In years past, USCIS routinely approved H-1B petitions for individuals who
were previously granted H-1B status, no matter how long ago, provided they
have not exhausted the maximum six-year limit. Such individuals had the
choice to be exempt from the annual cap and receive H-1B status for the
remainder of the six-year limit. Recently, however, USCIS began denying the
H-1B petition when the H-1B beneficiary was counted against the cap more
than six years ago and has not been in the US in H-1B status for more than
one year.
H-1B Beneficiaries Approved for Next Fiscal Year Cannot Transfer Until After
October 1st
Historically, USCIS has allowed first time H-1B beneficiaries, who have been
approved for H-1B beginning the next fiscal year, starting on October 1, to
file a change of employer H-1B prior to October 1. However, USCIS has
taken a new stance and now will not approve an H-1B changing employer
petition unless the petition was filed after October 1st (i.e., after the
validity period starts).
Approved for H-1B but Never Activated H-1B Status or Applied for Visa
H-1B beneficiaries who received an H-1B approval in previous fiscal years,
but have never spent time in H-1B status in the U.S. or applied for an H-1B
visa at a U.S. Embassy or Consulate, are now considered to be cap-subject.
It remains to be seen if USCIS will continue to hold these troubling
positions.
