INS Clarifies Policy on H-1As after Sunset

Clarification of Service Policy with Respect to Nurses

CO 214h-C

October 10, 1995

All Service Center Directors
Office of Adjudications
Director, Service Center Operations
Director, AAO
All District Directors
All Officers-in-Charge

On August 28, 1995, this office published a memorandum entitled "Sunset Date for the Filing of Petitions for H-1A Nonimmigrant Classification." This office has received a number of inquiries from the public and from Service officers seeking a clarification of one portion of that memorandum regarding the ability of H-1A nonimmigrant aliens to obtain an extension of temporary stay. It was noted that the memorandum seemed to contradict a prior memorandum dated August 18, 1995 relating to the same issue.

Please be advised that since the H-1A classification expired on September 1, 1995, the Service may not approve an I-129 petition for an H-1A nonimmigrant filed after that date. Further, the Service may not extend the stay of an H-1A nonimmigrant on the basis of a petition extension filed after the sunset date.

For further information, please contact John W. Brown, Adjudications Officer, Headquarters Adjudications at 202/514-3240. Attached are copies of the prior memoranda relating to this issue.

signed by: Thomas Cook

for

Michael L. Aytes
Acting Assistant Commissioner

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