DOL Releases H-2B Entertainer FAQs
The Department has released FAQs for H-2Bs in the entertainment industry.
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H-1 Quota Count as of 10 July 2009
As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
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Substantial transcription for video
FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?
H-1 Quota Count as of 24 July 2009
As ofJuly 24, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Status of off-site placed STEM OPT extension students
Question details
USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.
FAQ Transcript
First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a visa stamping.