VSC Mistakenly Rejected Some H1B Applications

H1B visa numbers are still available, even though they might run out soon. However, recently, some H1B applicants reported rejections from VSC stating that the cap has been reached. CIS has confirmed if any case was erroneously rejected, it can be resubmitted. For now, applicants can resend the application to the VSC, indicating that it is a resubmission.

However, before resubmitting the application, please make sure your application is correct about the 20000 advance degree cap. On the “H-1B Data Collection and Filing Fee Exemption Supplement” (formerly the I-129W), there are two different places where an advanced degree must be noted. The first is Part A, Question 5. The second is Part C, Question 7. You must answer “Yes” to both questions, to confirm your application is subject to the 20000 advance degree cap. Please also make sure that the filing date requested is 10/01/2006 or later.

(07/20/2006)

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