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News
from INS December 7, 2000 H-1B Processing Times: The INS reports that the combination of the SWIP audit, the recent concentration on adjudication of TPS EADs, the attempt to process I-140 petitions more quickly, the record high I-129 receipts, and very little authorized overtime has led to the current situation backlog in the processing of H-1B cases. INS hopes that they can start to move the I-129 petitions more quickly, but for now they do not feel that they can move the H-1 extensions quickly enough to enable people to travel for the holidays. It was particularly noted that a number of INS employees are in a “use it or lose it” situation with respect to their annual leave, and thus are expected to be taking time off in December. 7th Year H-1 Cases: INS is not yet ready to issue any directives regarding the type of evidence needed to establish eligibility for the seventh year H-1B extension. They did say, however, that you should go ahead and file the seventh year extension. (It is strongly suggested that you include sufficient proof of eligibility with your cases, such as a copy of the I-140 approval notice, or proof of filing of the I-140, e.g., cover letter and FedEx transmission or certified mail return receipt card, and/or the first page of the ETA 750 indicating the date of filing.) Concurrent employment: INS said that they had no reason to assume that Section 105 of AC21, regarding H-1B portability, would not apply to concurrent employment. |
