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ImmIGRATION APRIL 09, 2021 | The Indian Eye 41

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of last year’s lottery win- of 65,000 visa and an ad- lottery will be conduct- filing Form I-129 from new (3/10/2021) version
ners to come to the Unit- ditional 20,000 for mas- ed in August, as was the April 1 to June 30, 2021. of Form 1-129 on July 1,
ed States but this year’s ter’s degree holders that case last year. If the case They will only be eligible 2021. Until then, older
winners with approved have no bearing on eco- was selected under the to start employment in versions of the form may
Simply go to your App Store or Play Store
H-1B petitions will not nomic reality. Similarly, lottery, the online ac- H-1B status on October still be submitted. Also
be impacted by the Proc- these same H-1B work- count will indicate “Se- 1, 2021, and if the foreign note that Question 5 in
lamation and last year’s ers who get sponsored for lected.” If the case shows national is in the US they Supplement H on page
winners may also seek green cards are subject to “Submitted,” it means must ensure that they are 13 of Form I-129 must
visa appointments. Even unrealistic quotas in the that it is still eligible for maintaining status. be completed for H-1B
visa applications will im- them of obtaining per- nied” it means that mul- OPT will expire prior should not be considered tTV Download ZingoTV App
From Smar
with the expiration of the India EB-2 and EB-3s selection in a subsequent
Those who are on Cap-subject petitions.
Proclamation, however, resulting in decade long lottery during this fiscal F-1 Optional Practical
(This blog is for infor-
it is unlikely that H-1B backlogs, thus depriving year. If it shows “De- Training, and if their mational purposes and
mediately begin being manent residency. There tiple registrations were to June 30, 2021, should as a substitute for legal
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processed, as many U.S. is no basis for quotas on submitted for the same file the I-129 prior to ex- advice)
consulates are still not H-1B visas or immigrant registrant. If the pay- piration so that they can
fully operational due to visas. As pointed out in ment was declined it will take advantage of the *Kaitlyn Box graduated
the pandemic. DOS will a Forbes article, unem- show “Invalidated-Failed Cap Gap till September with a JD from Penn State
prioritize the applica- ployment rates in H-1B Payment.” In the mean- 30, 2021. Law in 2020, and works
tions of applicants who occupations like com- time, petitioners who USCIS will begin ac- as a Law Clerk at Cyrus D.
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have not yet been inter- puter and mathematical were selected can begin cepting exclusively the Mehta & Partners PLLC.
viewed or scheduled for fields were only 2.4% at _________________________________________________________________________________________________
an interview, and invites the beginning of 2021, il- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
individuals who were re- lustrating that H-1B em- Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
fused a visa due to the ployees are not pushing Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
Proclamation to reapply. U.S. workers out of the tion; board member of Volunteers for Legal Services and board member of New York Immigration
Abolishing the H-1B labor market. Lotteries Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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lottery is the surest way and quotas have no place Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
to ensure free entry in a modern immigration issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
of talented and skilled system. There should be he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
workers into the Unit- a free flow of skills and Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
ed States. The reason talent into the US. in the immigration field. He has also received two AILA Presidential Commendations in 2010
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for the lottery is because It remains to be seen and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
there is an arbitrary limit whether another H-1B Chambers Global 2019 in immigration law, among other rankings.

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