U.S. Citizenship and Immigration
Your Complete Guide, Revised Edition
~ Updates and Errata ~
May 1999
More on H-1B's
The USCIS announced that as of March 31, 1999, it had approved 92,638 petitions subject to the cap for fiscal year 1999. If the cap of 115,000 petitions is reached, the USCIS will likely approve only those new H-1B petitions with a start date of October 1, 1999. That's when the new USCIS fiscal year begins. As of this posting the USCIS is still accepting new H-1B petitions. Once the cap is reached, it is likely that the USCIS will only accept H-1B petitions with an October 1, 1999 start date. While some in Congress may try to increase the cap, most experts don't think that will happen this year.
More on H-1B's
The USCIS has confirmed that once a relative or employer has petitioned for you or a labor certification application you has been filed for you by January 14, 1998, you can adjust status. The petition or application must have been "approvable when filed." Included are petitions filed without a fee, petitions and applications based on fraud and those without any basis in fact. I interpret these rules to mean that if a relative petitioned for you, but you didn't include a needed document, like a birth certificate, you still can adjust status under 245i.
For more on 245i see chapter 6 of U.S. Immigration and Citizenship - Your Complete Guide 2nd Revised Edition.