Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 05092362 | Dated September 20, 2005
A letter from a bipartisan group of Senators to DHS urges that USCIS follow the law and recapture unused Chile/Singapore H-1B numbers from fiscal 2005 at the beginning of fiscal 2006. Note, as the letter reflects, that the statute requires that these numbers be allocated to H-1B petitions filed during fiscal 2005. While it is not known whether USCIS will follow the urgings of these lawmakers, if it does it will have been necessary that the application have been made during fiscal 2005, which ends on September 30, 2005. Thus, it will be important to retain any evidence of attempts to file, for previously-filed but rejected applications. If the petition had not been filed, due to the earlier-announced cut-off, each attorney should carefully weigh the risks and potential rewards of filing now, before 9/30, knowing that the petition likely will be rejected.
Cite as AILA Doc. No. 05092362.