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The long-awaited regulation on the 20,000 US H-1B cap exemptions was published in the Federal Register on May 5, 2005, clarifying several issues.
Firstly, it is now clear that the 20,000 exemptions will be available each fiscal year (FY), not just in FY2005. Secondly, these additional H-1B cases can be filed starting May 12, 2005 for persons with US Masters Degrees or above. Previously it was thought that any person would be eligible, regardless of education, under the quota for FY2005. That is not the case. Also noteworthy is the ability to convert a pending or approved FY2006 case to one that requests one of the 20,000 numbers (and an earlier start date).
All of the cases requesting the 20,000 cap exemptions for FY2005 are to be filed with the Vermont Service Center, at the following address:
USCIS Vermont Service Center
1A Lemnah Drive
St. Albans, Vermont 05479-7001
With the exception of the 20,000 FY2005 H-1B cases, H-1B cases must be filed at the proper service centers for the particular jurisdiction in which the person will work.
