H-1B "Cap Gap" Notice Sent to OMB
According to a news posted on June 21, 2004 on the AILA (American Immigration Lawyers Association) InfoNet, on June 18, 2004, the Department of Homeland Security sent to the Office of Management and Budget (OMB) a draft notice titled "Supplemental Information Regarding the H-1B Numerical Limitation for FY 2004 Affecting F Nonimmigrants". This appears to be the long-awaited notice to enable duration of status students seeking change of status to H-1B to be regarded as maintaining nonimmigrant status until new H-1B numbers are available in October.
It is not yet known whether D/S statuses other than F will be affected, or whether there will be a solution for change of status applications that already have been denied. More information will be posted to InfoNet as it is obtained.
OMB generally has up to 90 days to review a notice or regulation, after which it should be either revised, withdrawn or published in the Federal Register. Often, notices that are not regulation changes (which is the case here) will take less than 90 days at OMB.