California Service Center Answers H-1B Questions

CSC representatives stated that the processing goal for all H-1B cases is 60. Officials stated that all cap subject petitions are currently being processed within the 60 day processing time. Officials also stated that they will not prioritize cap subject cases for the October 1, 2011 start date unless their processing is outside of the 60 day goal. The CSC also clarified that it is their position that an amended H-1B petition should be filed anytime an LCA is filed due to a change in location of employment. The CSC also recommended practitioners notify the CSC when inappropriate or redundant RFEs are issued in H-1B cases. The CSC noted that RFEs must still be responded to even if they are believed to be inappropriate. The CSC also stated that H-1B holders continue to retain 7th year extensions of H-1B status even when the underlying PERM or I-140 is denied or expires.


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

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