All Cap-Exempt Employer Petitions to be filed at CSC


On January 30, 2008, USCIS announced the centralization of H-1B cap-exempt employer petitions at CSC. In a footnote, USCIS noted that this new policy does not necessarily apply, inter alia, to extensions, and that cap exempt employers requesting an extension or a change of status could continue to file based on jurisdiction.

At the VSC liaison meeting on March 2, 2009, AILA was advised that the practice of accepting H-1B extensions of status based on 8 CFR 214.2(h)(8)(A) – petitioners who are exempt – was only to assist in the transition and would shortly be terminated. AILA has since learned that effective immediately, all cap-exempt employer cases, including extensions, should be filed at CSC. Petitions mistakenly filed with the VSC will be rejected. The instructions to the I-129 have been amended.

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