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07/26/2004
IMMIGRATION ALERT
The Citizenship and Immigration Service published a notice in the Federal Register authorizing an extension of status for F and J individuals whose application for change of status to H-1B is timely filed, but whose status will expire before Oct. 1 when the H-1B becomes available. One obvious issue not addressed by the notice is what can be done about cases already denied. In an email, the Commissioner of the CIS, Bill Yates, said there are at least two options : (1) file a new request to change nonimmigrant status; or (2) file a motion to reopen the previous decision. If a motion to reopen is filed, it must be filed before August 22, 2004.
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