PAC Updates
by Attorney Jonathan Wasden
1. Employer-Employee Case and Short Term H-1B Approvals: We have received enough plaintiffs to challenge H-1B Denials, to proceed forward; and the court has denied government's motion to dismiss the case. What can we expect now? It is expected that the proceeding plan be ready by next week or so. The time frame to expect decision, if everything goes as per the plan, is end of this summer. If this gets approved, we should stop seeing H1 RFEs and short term approvals.
2. Simeo Solutions: We could file suit on Simeo Solutions in March. This is to challenge USICS requirement to file H1 Amendments whenever a candidate relocates to a new location. Initial budget requested for this effort is $40,000.
3. Challenging the requirement to pay $4,000 filing fees for certain H-1B Cap Cases for STEM OPT conversion: We need 15-20 administrative named parties to file claims by end of April, to request refund of $4,000 filing fees paid earlier. What to expect then? We expect the government to deny those claims. How is it helpful then? It will give us the opportunity to take the case to court and challenge the denial of refund and to prove that such a request of additional filing fees is not legal.
