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Eve Guillergan PLLC
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H-1B Filing Reminder

Mar 26, 2007

This is to remind everyone that new H-1B petitions will be accepted by the USCIS on April 1, 2007. This year April 1, 2007 falls on a Sunday. The USCIS has clarified that it will accept those applications that are delivered during the weekend (March 31 or April 1) as if they arrived on Monday, April 2. There is currently a cap of 65,000 H-1B visas availablhe each year. There is an additional 20,000 numbers available to individuals who have graduated with a masters degree from a US educational institution. This year, the numbers become available on October 1, 2007 but petitions can be filed on April 1, 2007. Those who are subject to the cap start work on October 1, 2007. A petition is considered as receipted towards a cap number at the time it is properly filed with the USCIS. It is unclear at this time whether students whose Optional Practical Training expires during the summer will be allowed to stay in the US until October 1. The USCIS will monitor cap cases and inform the public of the date the agency has received enough petitions to meet the Fiscal Year 2008 H-1B Cap.

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