HarishKumar
New Member
Hi Rajiv,
I am working for a Reston based company on my OPT which expires on 1 July 2004. My company goes 'strictly by the book' and requires a proof of my legal status during the period Jul-Aug in order to file for my H1. I received the following by mail today:
"I wanted to give you an update from our immigration attorneys. They said that Congress is currently considering action on relief for the H1-B cap. If this option opens up they (our attorneys) will notify us immediately".
(1) Could you please tell us if you are aware of any such developments through your contacts?
(2) If this is indeed true, when do you expect the outcome, before or after April 1rst 2004?
(3) If this is correct, for which year is the releif being sought for, the current H1 fiscal year or for the future on a permanent basis?
(4) If this option opens up after April 1 2004 for the current H1 fiscal year, how do you think the CIS would allocate the visas; the priority would be for those who file first or for those with a OPT expiration date before 1 October 2004?
(5) Specifically what I am thinking is that most of the people affected by this cap issue would have their employers file for their H1 on 1 April 2004 with a starting date of 1 October 2004. If the above option opens up for the current H1 fiscal year after 1 April 2004, would those applicants (who already filed on April 1 2004 with a starting date of 1 october 2004) be able to transfer their application from an effective date of 1 October to immediate (say next 15 days from date of filing, i.e. in this H1 fiscal year itself). If that is possible, could you tell us the procedure for doing so; I mean to say, just a typed letter to CIS requesting the start date change is enough or would the applicants need to withdraw the already filed H1 application (since that is w.e.f. 1 October 2004) and file a fresh one ( w.e.f. two weeks from the date of filing). Also could you please tell us the average time period for both routes?
I appreciate your efforts and help in this regard and look forward to your views on this matter. Thank you.
Regards,
Harish.
I am working for a Reston based company on my OPT which expires on 1 July 2004. My company goes 'strictly by the book' and requires a proof of my legal status during the period Jul-Aug in order to file for my H1. I received the following by mail today:
"I wanted to give you an update from our immigration attorneys. They said that Congress is currently considering action on relief for the H1-B cap. If this option opens up they (our attorneys) will notify us immediately".
(1) Could you please tell us if you are aware of any such developments through your contacts?
(2) If this is indeed true, when do you expect the outcome, before or after April 1rst 2004?
(3) If this is correct, for which year is the releif being sought for, the current H1 fiscal year or for the future on a permanent basis?
(4) If this option opens up after April 1 2004 for the current H1 fiscal year, how do you think the CIS would allocate the visas; the priority would be for those who file first or for those with a OPT expiration date before 1 October 2004?
(5) Specifically what I am thinking is that most of the people affected by this cap issue would have their employers file for their H1 on 1 April 2004 with a starting date of 1 October 2004. If the above option opens up for the current H1 fiscal year after 1 April 2004, would those applicants (who already filed on April 1 2004 with a starting date of 1 october 2004) be able to transfer their application from an effective date of 1 October to immediate (say next 15 days from date of filing, i.e. in this H1 fiscal year itself). If that is possible, could you tell us the procedure for doing so; I mean to say, just a typed letter to CIS requesting the start date change is enough or would the applicants need to withdraw the already filed H1 application (since that is w.e.f. 1 October 2004) and file a fresh one ( w.e.f. two weeks from the date of filing). Also could you please tell us the average time period for both routes?
I appreciate your efforts and help in this regard and look forward to your views on this matter. Thank you.
Regards,
Harish.
