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Vermont Service Center Transfers I-751 Petitions to Make Room for 2009 H1B Filings

Mar 11, 2009

From AILA InfoNet Doc. No. 09031164 (posted Mar. 11, 2009) At the Vermont Service Center liaison meeting on March 2, 2009, VSC advised that they will continue to send weekly shipments of I-751 petitions to the California Service Center through the end of March. VSC noted that to date, they have sent approximately 50,000 I-751s to CSC. VSC is also continuing to ship I-539s to CSC, which have so far included approximately 14,000 I-539s.

In addition, VSC noted it recently shipped approximately 3000 H-1B extension petitions to CSC in March 2009. While these are cases that were properly filed at VSC, CSC has more capacity to work on these cases at present. VSC confirmed that all cap-exempt employer cases, INCLUDING EXTENSIONS, should be filed at CSC. Petitions mistakenly filed with the VSC will be rejected.

In this instance, "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2(h)(8)(A). "Cap exempt" petitioners include:

* Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);

* Nonprofit organizations or entities related to or affiliated with institutions of higher education; and

* Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19).

Petitioners can indicate their cap exempt status on the I-129 form with a "yes" answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).

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