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(#133-08/16/00)

H-1B Cap is Reached / Lottery Update
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H-1B CAP IS REACHED

On July 25, 2000 the INS announced that it has reached the 115,000 H-1B limit for fiscal 2000. Only cases filed March 17, 2000 or earlier would have been included in the adjudications for the current fiscal year. INS indicates that 29,500 cap-subject H-1Bs remain to be applied against the fiscal 2001, and that INS will announce procedures to begin adjudication of those cases with an October 1, 2000 start date.

LOTTERY UPDATE

The mail-in period for the next Diversity Visa "Green Card" lottery (DV-2002) will be held between noon on October 2, 2000 and noon on November 1, 2000. There are several important changes for DV-2002. Complete
instructions for entry into the DV-2002 lottery will be made available in early August 2000. At that time, our office will provide lottery-registration service at our office and on-line at our website.

F-1 STUDENTS

Duration of Status ("D/S" notation on your arrival card) is defined as the time an F-1 student is a full-time student, or engaging in authorized practical training, PLUS 60 days to prepare for departure from the United States.

INTERNATIONAL TRAVEL WITH PENDING ADJUSTMENT OF STATUS APPLICATION

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents.

Q. Can an alien who accrued more than 180 days of unlawful presence before filing the adjustment of status application be allowed to return to the United States on an unexpired advance parole authorization?

A. The answer to this question is yes according to an INS memo released on November 26, 1997. An alien who accrued more than 180 days of unlawful presence prior to filing an adjustment of status application who left the United States on a grant of advance parole may be permitted by the INS to reenter the United States to resume the processing of the adjustment of status application. However, because a departure triggers the 3- or 10-year bar, such an alien will be found inadmissible under section 212(a)(9)(B)(i)(l) or (II) or the Act, as applicable, when the adjustment of status application is adjudicated by the INS. The alien will then need to obtain a waiver from the INS, which is rather difficult.

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