INS memo on COS for beneficiaries of petitions subject to the FY 1998 H-1B cap

August 19, 1998 Download pdf

This August 19, 1998 INS field memo states that "Section 248 will NOT reinstate lawful status in a case where there is a gap between expiration of the H-1B beneficiary’s status and any date prior to October 1, 1998, on which the I-129 may be adjudicated for an employment start date using FY’99 H-1B numbers. Where an adjudicator is aware that the beneficiary’s status has expired, or will have expired by the H-1B effective date, change of status will be denied even if the petition is approved on its merits." The memo also states that "Likewise, changes of status will be approved for D/S nonimmigrants throughout their durations of status as long as the duration of status includes the effective dates of the new H-1B employment." [INS field memo HQ 70/23.1RS-P, M. Pearson, August 19, 1998]

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