Friday, April 6, 2018


USCIS today that it has received more than 85,000-1B cap-subject petitions They did not specify how many H-1B cap-subject petitions were received.  We expect to know the overage within the next few weeks.  Last year, the announcement happened on April 17.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap. USCIS will continue to accept and process petitions filed to:
  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Amend the H-1B petition to notify the USCIS of the filing of a new LCA and/or geographic change in employment;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second, contemporaneous part-time H-1B position. 


  1. Hi MU Law,

    I just would like to ask regarding D6-260. When I submitted the DS-260, I still have not applied for my passport to be changed to my married name: hence, the information submitted were still on my maiden name, including my old passport info. I recently applied for a new passport with my married name on it. My case is already in the embassy and my interview date is getting closer; I already requested to re-open my DS-260 for me to update it and still have not heard a feedback. Can the informations be changed (maiden name to married name and old passport info to new passport info) during the interview? Or do my interview date needs to be rescheduled because of this?

    Thank you very much

  2. My suggestion is to bring both passports to the interview.

  3. Hi MU LAW,

    I got a request for additional evidence for my i-140 application under EB3 category Philippines. Will my priority date be the same (given i will be approved after the response)? If i get denied (God forbids), will my priority date will move to a later date?


  4. yes- the priority date is set by the date of the I-140 filing, not the I-140 approval.

    1. Thank you. I am just concern with the RFEs USCIS is issuing lately to EB3 RN applicants. Should i be worried with the issue of overqualified petitions as i have been seeing comments as such? I still have to wait yet from my petitioner the reason for RFEs

      Question 2. What is the usual RFE reasons?

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