USCIS releases Interim Rules for H1B visa applications. There are few very important changes, that certainly benefits H1B Visa applicants.
Short Version of the H1b Visa Interim Rules:
1) Same Employer cannot file Multiple Petitions.
2) Last year, H1B visa applications submitted during first 2 days was accepted and processed under lottery system. this year H1B Visa applications submitted during first 5 days will be accepted.
3) If more than 20,000 applications were to be received under Master’s Quota, then lottery system will be used to approve H1b Visa and rest of the H1B Visa applications will be used in General 65,000 quota.
You can read more details about the Interim Rules from H1BCapInfo.
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Hi,
I found this under the government website regarding the 90 days unemployment during 12- month OPT. Does it already take into effect?
Please advise, thank you!
Vera
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=a656a17547897c6880084c26f43cbcf2
C. Related Changes to the OPT Requirements
1. Changes to Post-Completion OPT Currently, students must apply for post-completion OPT prior to completing their course requirements. 8 CFR 214.2(f)(10)(ii)(A). This is inconsistent with other regulatory provisions allowing students to transfer, apply for a new degree program, or change to another nonimmigrant status during their 60-day post-completion departure preparation period. Problems also arise if students fail to complete their program after receiving authorization for post-completion OPT. Therefo re, this rule allows students to apply for post-completion OPT during the 60-day departure preparation period.
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student’s status as the time the student is pursuing a full course of study at an SEVP-certified school or engaging in authorized post-completion OPT. 8 CFR 214.2(f)(5). They do not specify how much time the student may be unemployed, making it difficult to determine when an unemployed student on post-completion OPT violates the requirements for remaining in F-1 status. As status during OPT is based on the premise that the F-1 student is working, the re must be a limit on unemployment, just as the F-1 student’s period in school is based on the premise that he is actually pursuing a full-time course of study, and there are limits on how often the student can reduce his course load. An F-1 student who drops out of school or does not pursue a full-time course of study loses status; an F-1 student with OPT who is unemployed for a significant period should similarly put his status in jeopardy. Therefore, this rule specifies an aggregate maximum allowed perio d of unemployment of 90 days for students on 12-month OPT. This maximum period increases by 30 days for F-1 students who have an approved 17-month OPT period. In addition to clarifying the student’s status, this measure allows time for job searches or a break when switching employers.
I co-founded the Alternative Energy Research Organization a year ago and we even got our 501 C3 status does the cap allocation of 85000 (2009-2010) still apply to us applying for a H1B visa for a foreign national?