LATEST NEWS
September 05.2008
Defendant in Pennsylvania Collar-Bomb Bank Robbery Case Pleads Guilty.
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September 05.2008
RETIRED UNIVERSITY OF TENNESSEE PROFESSOR CONVICTED OF ARMS EXPORT VIOLATIONS
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September 05.2008
Students Seek Ways to Boost Biofuel-Powered Vehicle Efficiency
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September 05.2008
Republicans Nominate John McCain for President
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September 05.2008
U.S. Military Action in Pakistan
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September 05.2008
Remarks On U.S. Economic Support Package for Georgia
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September 04.2008
Doing Business in Europe: Value Added Tax (VAT) Impact on the Bottom Line & Corporate Structure --
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September 04.2008
Selling to Mexico's Maquiladoras 101 -- Air
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September 04.2008
Michigan Man Charged with Possessing Molotov Cocktails, Allegedly to Use at Republican National Convention
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September 04.2008
Secretary Rice: Travel to Portugal, Libya, Tunisia, Algeria and Morocco, September 4-7, 2008
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September 04.2008
Anbar Province Sets the Example for All of Iraq
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September 04.2008
North Korea: Completing Work on the Verification Process
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TERMS / How does cap-gap occur?

* Under the prior regulation (and unchanged by this rule), an employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training.
* As a result, the earliest date that an employer can file an H-1B petition for consideration under the next fiscal year cap is April 1, for an October 1 employment start date. If that H-1B petition and the accompanying change-of-status request are approved, the earliest date that the student may start the approved H-1B employment is October 1.
* Consequently, F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status.


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