California Service Center Answers H-1B Questions

By: The Chander Law Firm

Officers from the USCIS California Service Center (CSC) answered questions regarding H-1B processing during a recent stakeholder meeting.

CSC representatives stated that the processing goal for all H-1B cases is 60.  Officials stated that all cap subject petitions are currently being processed within  the 60 day processing time.   Officials also stated that they will not prioritize cap subject cases for the October 1, 2011 start date unless their processing is outside of the 60 day goal.

The CSC also clarified that it is their position that an amended H-1B petition should be filed anytime an LCA is filed due to a change in location of employment.

The CSC also recommended practitioners notify the CSC when inappropriate or redundant RFEs are issued in H-1B cases. The CSC noted that RFEs must still be responded to even if they are believed to be inappropriate.

The CSC also stated that H-1B holders continue to retain 7th year extensions of H-1B status even when the underlying PERM or I-140 is denied or expires.



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