Dr. William:

My F-1 visa will expire in August 2004, and I just filed H-1B application for Fiscal Year-2005, which begins to process after October 1, 2004. Is there any USCIS rule for me to keep legal status in U.S. before obtaining the H-1B?

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A:

Due to the H-1B cap, the USCIS will process H-1B application beginning at October 1, 2004 for Fiscal Year-2005. Currently, USCIS has no clear policy to extend status for F-1/J-1 alien who has filed the Fiscal Year-2005 H-1B application, while his/her legal status will expire before October 1, 2004.

The H-1B visa cap and processing backlog has already created serious problems for those new H-1B applicants with expired status. If there is no new USCIS policy for this issue to be released soon, the capped-out F-1 and J-1 aliens may be forced to leave this country to waiting for H-1B visa in their home countries, with a hope to return to the U.S..