Since the Federal Register notice regarding the extension of the duration of status of certain F-1 and J-1 non-immigrants unable to change status to that of an H-1B nonimmigrant because of the fiscal year 2004 statutory cap of 65,000, a memorandum has been issued from U.S. Citizenship and Immigration Services (USCIS) to address related questions and provide guidance regarding the procedures for handling these petitions and concurrent change of status requests.

The memorandum states that if the F-1 or J-1 nonimmigrant alien is still within their 60- or 30- day grace period at the time of filing the request for change of status (COS) to H-1B nonimmigrant effective October 1, 2004, the request for change of status is considered timely filed.  As long as the alien was in status on the date that the COS application was originally filed, he/she may benefit from the Federal Register notice.

Any COS request denied by USCIS prior to July 23, 2004, based upon unavailability of H-1B status due to the annual cap is a correct decision, according to the memorandum.  However, applicants may file a motion to reopen/reconsider the change of status denial with USCIS.  These motions must be recei9ved by USCIS no later than August 23, 2004.

Questions regarding the memorandum or the Federal Register notice should be directed to USCIS Headquarters.