The CIS reports having completed data entry on all cases selected in the H1b lottery on May 23, 2008 and all receipts were issued by May 24, 2008. They have also stated that they have sufficient applications accepted so that a 'cushion' will not be needed this year and they have begun to mail out rejections for reserve cases (i.e. wait list) this week. The CIS currently has approximately 500 petitions they believe are duplicates and are in the process of hand reviewing these cases. Any of these cases that are determined to be actual duplicates will be rejected and those that are not will be accepted.
H1B QUOTA UPDATE 5-27-08
The USCIS has not provided any further updates on the current processing of H1b visas. The anticipated date for having H1b receipt notices issued for all H1b cases chosen in the H1b lottery is still June 2nd. The anticipated date for having all H1b cases not chosen in the H1b lottery returned is June 5th.
The USCIS issued Q&As today regarding the OPT extension rules (see link below).
The USCIS has clarified that the H1b - OPT cap-gap relief measure allowing the filing of a change of status request within 30 days of the issuance of the H1b receipt notice is available even if the H1b case has been approved. The procedure is the same in either case.
H1B QUOTA UPDATE 4-18-08
The USCIS announces temporary fix for cap-gap H1b cases. The recent F1/OPT extension that provides for automatic extension of F1/OPT status through 10/1/08 if the alien has an H1b case pending required that the case (1) be chosen for processing in the H1b lottery and that (2) the case was filed as a request for change of status. Most cases for aliens whose OPT grace period expired prior to 10/1/08 were filed as consular processing cases because the person was ineligible for change of status under the rules as they existed at the time of filing. The USCIS has announced that it will temporarily accept change of status requests in such cases if the change of status request is received within 30 days of issuance of the H1b receipt notice. The CIS has established special email addresses for such change of status request which are available on the USCIS' website and in the press release below.
The USCIS announced that it conducted the H1b lottery for both the H1b US Masters quota and the H1b general quota yesterday. The H1b US Masters degree quota was run first. Any H1b applications filed under the US Masters degree H1b quota that were not chosen were then added to the general H1b quota applications and then the general H1b quota lottery was run. The USCIS had labelled each of the approximately 163,000 H1b applications received with unique numerical identifiers for purposes of the H1b lottery.
The USCIS anticipates that H1b employers will receive H1b receipt notices for all H1b cases that were chosen in the H1b lottery no later than June 2, 2008. Any H1b cases not chosen in the H1b lottery will be returned with the fees to the H1b employer or attorney of record on the case (with the exception of duplicate H1b filing cases in which the USCIS will retain the fees per the new duplicate H1b filing regulation). The CIS has stated that the 'total adjudication process is expected to take approximately eight to ten weeks.'
For any H1b cases filed via premium processing, the 15 day premium processing period began 4/14/08.
The USCIS has 'wait-listed' some H1b petitions, meaning they may possibly replace H1b petitions chosen to receive a FY2009 H1b cap number in the lottery that are subsequently denied, withdrawn, or otherwise found ineligible. The USCIS will retain those H1b petitions until a decision is made whether they will replace a previously selected H1b petition. USCIS will send a letter to the H1b employer for H1b cases chosen to be on the wait list to inform them of the status. The USCIS expects that it will issue a receipt notice or return the H1b petition with fees within six to eight weeks for any wait-listed H1b applications.
H1B QUOTA UPDATE 4-10-08 AFTERNOON
USCIS just announced a preliminary number of nearly 163,000 H1b applications received between 4/1/08-4/7/08 with more than 31,200 of those petitions being in the advanced degree category. The CIS anticipates conducting the H1b lottery next week. The H1b masters degree lottery will be conducted prior to the general H1b quota lottery.
H1B QUOTA UPDATE 4-10-08
The CIS still has not released any information regarding the actual number of H1b applications received and no information is available yet regarding when the H1b quota will be run.
The CIS released a Frequently Asked Questions sheet regarding OPT extensions which is available directly below. Also, the CIS has revised the EAD application form (Form I-765) and the old version of the form will only be accepted through 5/8/08.
The CIS has still not released any information regarding the number of H1b applications received--not even estimates are available. No information is available yet on when the H1b lottery will be run. We have received a high number of questions regarding the OPT extension rule and provide the following analysis and summary for clarification:
4/9/08—ANALYSIS & COMMENTARY ON THE OPT EXTENSION RULE
by Charlotte A. Danielsson, Attorney at Law (JD Stanford Law; BA UC Berkeley)
The rule extending OPT time was officially published in the Federal Register on 4/8/08 and, thus, has now become law and is effective immediately.This rule deals with two different types of OPT extensions:(1) extension of OPT time for individuals with pending H1b applications; and (2) 17 month extension of OPT time for graduates in science, technology, engineering, or mathematics (STEM) who accept employment with employers enrolled in the USCIS’ E-Verify program.The rules and requirements under both of these extensions are very different:
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!).The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization.The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1.This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings.As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case.When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS.A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08.Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible.Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible.This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it.We will provide any updates on the situation as soon as it is available.
ADDITIONAL 17 MONTH EXTENSION OF OPT TIME FOR STEM (SCIENCE, TECHNOLOGY, ENGINEERING, & MATH) GRADUATES
The 17 month extension of OPT time is available (regardless of whether there is an H1b filing) to any F1/OPT who has completed a bachelor’s, master’s, or doctorate degree with a degree code that is on the current STEM Designated Degree Program List (the degree that is the basis of the current OPT is the one at issue for qualification for the extension) whose employer or prospective employer is enrolled in the USCIS’ E-Verify employment verification program at the time the student applies for the 17-month extension.A student wishing to file for this extension must contact their DSO & have their DSO recommend the 17 month extension through SEVIS.After that, the student must submit the EAD application (Form I-765) to the USCIS and include a copy of their degree and the employer’s E-verify company identification number on the application.
Note, per the regulation, the approved list of majors (STEM) is available on SEVP’s website at www.ice.gov/sevis.As of the date of this posting, however, the list was not yet on the website---but presumably it will be posted within the next week or so.
H1B QUOTA UPDATE 4-8-08 11:50 AM PST
We have received a high volume of telephone calls in response to the news that the H1b general quota and H1b masters quota have been reached requesting to know the number of H1b applications received. To clarify, the CIS has announced that both the H1b general quota & the H1b masters quota have been reached, but they have not released any information yet regarding the actual number of H1b applications received. As soon as we receive any information regarding the number of H1b applications received we will immediately update our website with that information. H1B QUOTA UPDATE 4-8-08 11:00AMPST--H1B CAP REACHED!!!!
USCIS just announced that the H1b cap has been reached for the 2009 Fiscal Year.The CIS has stated that it has received enough H1b applications to fill the general H1b quota and the H1b US Masters Degree quota.Before running the H1b lottery, the USCIS will complete initial data entry for all filings received during the filing period between 4/1/08-4/7/08.The CIS has not yet announced the day the lottery will be conducted, however, they have stated that the lottery for the US Masters Degree cases will be run prior to the general H1b lottery.
H1B QUOTA UPDATE 4-8-08
There is still no information available yet on the number of H1b applications received by the USCIS to date.
Per the CIS' new processing rules, all H1b applications received in the first 5 days of the H1b filing period would be subjected to the H1b lottery if the H1b quota was reached in any of the first five days of the H1b filing period. What this means is that if the H1b quota was not reached as of yesterday, then all of the H1b applications filed through yesterday will be safe from inclusion in H1b lottery and will be processed as usual. If the H1b quota is not reached until today or later, then only the H1b applications received on the 'final receipt date' (i.e. the day that the CIS receives enough applications to fill the H1b quota) will be subjected to the H1b lottery. Thus, all H1b applications received prior to the 'final receipt date' will be processed as usual, those H1b applications received on the 'final receipt date' will be subjected to the H1b lottery, and those H1b applications received after the 'final receipt date' will be returned unprocessed. The CIS has not yet announced a 'final receipt date.' Unfortunately, however, that does not mean that the H1b applications filed to date are safe yet. Historically, in years where the H1b quota was reached prior to the end of the fiscal year, the CIS has announced the 'final receipt date' several days to approximately one week after the 'final receipt date.' The exception to this was last year, when the CIS announced the H1b quota was reached on the first day of the H1b filing period. So until we receive either a 'final receipt date' announcement from the CIS or an official count of the number of H1b applications received to date from the CIS, we will not know for sure the fate of the H1b applications already filed with the USCIS.
H1B QUOTA UPDATE 4-7-08
The CIS still has not released any information regarding the number of H1b applications received to date. Both the California Service Center and the Vermont Service Center have issued some receipt notices for cases subject to the H1b quota cap despite the fact that they stated prior to 4-1-08 that they would not be issuing any H1b receipts for H1b cap-subject cases until after the H1b lottery is run. The assumption is that these H1b receipt notices have been issued in error, because the H1b receipt notices were issued prior to 4/7/08 [if the H1b cap is reached in any of the first 5 days of the H1b filing period, all of the H1b applications received in the first 5 days will be included in the H1b lottery----and clearly prior to 4/7/08, the CIS would not know if the H1b cases for which they are sending out receipt notices will be subject to the H1b lottery].
The text of the rule extending OPT by 17 months is attached below. Detailed analysis of the OPT rule be added to our website shortly.
No update on the number of H1b cases received by the CIS yet. In a memo on another topic this morning, the CIS stated that they will announce a final receipt date once they have recevied enough H1b cases to meet the H1b quota. The statement as worded gave the impression that they have not received enough applications yet; however, most likely it just means that they are significantly behind in counting the number of cases received since they have not provided any type of count to date.
The USCIS also announced today the release of the interim final rule regarding extension of OPT from 12 to 29 months for 'qualified F-1 non-immigrant students.' The breadth of this extension, unfortunately, is more limited than what the title implied. The extension will be available to F1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program. To be eligible for an OPT extension, an F-1 student must:
1) Currently be participating in a 12-month period of approved post-completion OPT; 2) Have successfully completed a degree in science, engineering, technology, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by teh US Immigration and Customs Enforcement's Student and Exchange Visitor Program; 3) Be working for a U.S. employer in a job directly related to the student's major area of study; 4) Be working for, or accepted employment with, an employer enrolled in US Citizenship adn Immigration Services' E-Verify program. E-Verify is a free internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and 5) Properly maintain F-1 status.
A section of the memo also reads, 'Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.'
A COPY OF THE RULE TEXT HAS NOT YET BEEN RELEASED. IT WILL BE POSTED TO OUR WEBSITE AS SOON AS IT IS AVAILABLE.
Fed Ex apparently forwarded a number of H1B packages to the service centers without entering the individual package into the tracking system. If your H1b filing is affected by this, please note that the USCIS is trying to resolve the situation with Fed Ex and the USCIS has stated to NOT submit duplicate packages that are missing the tracking numbers because both applications could get denied under the new duplicate filing rules. ATTENTION INFINITI LAW CLIENTS:INFINITI LAW HAS RECEIVED DELIVERY CONFIRMATION ON ALL H1B PACKAGES SUBMITTED TO BOTH SERVICE CENTERS AND SO OUR CLIENTS ARE NOT AFFECTED BY THIS SITUATION.
H1B QUOTA UPDATE 4-3-08
There still is no information available on the number of H1b applications received by the USCIS so far. The CIS has stated that they will be reviewing H1b cases subject to the H1b quota cap received for duplicate H1b filings. The CIS has stated that it will first analyze whether a duplicate H1b petition exists based on preliminary data entry information. Once a potential H1b duplicate has been identified, the CIS officer will then pull the H1b petitions and evaluate them to ensure that they are actually duplicate H1b filings. Any H1b filings which have the same H1b petitioner & the same H1b beneficiary will be denied outright. H1b petitions by related companies for the same H1b beneficiary where independent business need is not evident may be issued a Request for Evidence giving the H1b petitioner an opportunity to explain.
QUOTA UPDATE 4-2-08
There is still no information available regarding how many H1b cases have been received by the CIS so far. The Fed Ex service disruption due to weather caused Fed Ex to be unable to deliver many of the H1b packages headed to the Vermont Service Center that were scheduled to arrive at the CIS yesterday. Those H1b packages will be delivered today.
QUOTA UPDATE 4-1-08
NUMBER OF H1B CASES RECEIVED: Today is the first day of the H1b filing period for the 2009FY. There is no information available yet regarding how many H1b petitions the USCIS has received today.
DELIVERY DISRUPTION: Fed Ex announced today that they had a service disruption last night and this morning so packages that are scheduled to arrive today might not be delivered on time. The Fed Ex Memphis hub and flight operations experienced substantial disruptions last night and this morning due to heavy rain and thunderstorms.
4-3-08 POSSIBLE H1B PROCEDURAL CHANGES FOR NEXT YEAR
The USCIS is considering making possible procedural changes to the H1b lottery system next year. The USCIS is considering a pre-registration program for purposes of conducting the lottery selections for prospective H1b employers in advance of the April 1st filing date. No concrete plan is in place yet and the CIS is still considering multiple ways in which this type of system could be implemented.
4-2-08 POSSIBLE EXTENSION OF OPT TIME
An interim final rule titled 'Extending Period of Optional Practical Training for 17 Months for Qualified F-1 Students' has been submitted to OMB for review. OMB has up to 90 days to review this and either approve it for publication in the Federal Register (thereby making it effective law), send it back for revision, or reject it. The text of the rule has not been released but the title looks promising! Clearly this rule would provide relief to many students experiencing gaps between their OPT time and H1b visa start dates. We will provide further updates on our website on the H1b News page as they become available.
3-19-08 FURTHER CLARIFICATION BY THE CIS REGARDING INTERIM H1B RULE
3-19-08: FURTHER CLARIFICATION BY CIS IF H1B US MASTERS DEGREE QUOTA CAP OUTLASTS THE REGULAR H1B QUOTA CAP:
Under the new H1b lottery procedure, the US Masters degree H1b filings will be totaled first & an H1b lottery will be run for the US H1b masters cases first if the H1b cap is exceeded and any excess US Masters degree H1b cases will then be put in the general h1b quota lottery. So, if you file in the H1b US Masters quota you will automatically be entered in both H1b lotteries if necessary. However, what about people who don't yet qualify for the US Masters degree H1b quota (but will within the next month or so) who file under the general H1b quota during the first week of the H1b filing period? If they are not chosen in the general H1b lottery and the US Masters degree H1b quota is not reached yet (& thus is still open)---can they file again in the US masters degree H1b quota or will this be considered a duplicate H1b filing??? The CIS has clarified that in this scenario, the second H1b filing will not be considered a duplicate H1b filing as long as the masters degree H1b filing is done after the general h1b lottery has been run.
3-19-08 INTERIM RULE REGARDING H1B ANNOUNCED BY USCIS!!!
The CIS announced an interim rule on H1b visas today which modifies the H1b selection process and prohibits multiple H1b filings.Highlights of the new H1b rule are:
--The CIS will deny or revoke multiple H1b petitions filed by an H1b employer for the same H1b worker and will not refund the H1b filing fees submitted with the multiple or duplicative H1b petitions.The one exception to this is in the case of related employers (for example, parent & subsidiary) who would be allowed to file separate H1b petitions for the same employee.
--If the CIS receives enough H1b applications to fill the H1b quota on any day within the first five days of the H1b filing period, the CIS will include H1b petitions filed in the first five business days in the H1b lottery (previously only the H1b applications received on the first two days were included in the H1b lottery if the H1b quota was reached on the first day of the filing period and only H1b applications received on day the H1b quota was reached were subject to the H1b lottery if the H1b quota was reached on any day after the first day of the H1b filing period).
--The H1b lottery system will be changed so that the 20,000 US advanced degree H1b cap cases (i.e. US Masters degree H1b quota cases) are selected first.If any advanced degree H1b cases are left after that process, they would go into the overall 65,000 general H1b quota pool.
--If an H1b application incorrectly indicates that it is exempt for the H1b quota, the H1b petition will be denied if no H1b visa numbers are available and the H1b filing fees will not be returned.
REGULATORY CHANGE REGARDING DUPLICATE H1B FILINGS ANTICIPATED PRIOR TO 4/1/08
3-17-08: The CIS was expected to release a regulation prohibiting duplicate H1b filings in January that would govern H1b filings for the 2009FY H1b filings that begin on 4/2/08.While clearly multiple H1b filings for the same H1b beneficiary by the same H1b employer for the same H1b position would be considered duplicates, it is unclear how broad the CIS’ definition of what a ‘duplicate’ H1b filing is will be.The CIS missed their expected January 2008 release date.Today, the Office of Management and Budget (OMB) cleared for publication an interim H1b regulation relating to duplicate H1b filings for the upcoming H1b filing period.Once a regulation is cleared by OMB, it goes back to the agency for signature, and then it is forwarded to the Federal Register for publication (this process typically takes a few days or weeks).It is anticipated that this H1b regulation will be published prior to 4/1/08 but no information is currently available regarding the contents of the new H1b regulation.
12-2007: The CIS anctipates that a reuglatory change related to duplicate H1b filings will be in place prior to 4/1/08. It is uncertain as of yet what will be considered a 'duplicate' H1b filing.
FILING FOR USCIS H1B FISCAL YEAR 2009 (10/01/08-09/30/09) BEGINS 04/01/08
THE NEW H1B FILING PERIOD WILL BEGIN 04/01/2008 FOR H1B EMPLOYMENT BEGINNING 10/01/2008. IT IS ANTICIPATED THAT THE DEMAND FOR H1BS IN THE NEXT H1B FILING PERIOD WILL BE AS HIGH AS THE PREVIOUS H1B PERIOD. AS SUCH, H1B APPLICATIONS SHOULD BE RECEIVED BY THE USCIS ON 4/1/08 TO MAXIMIZE CHANCES OF SUCCESS. PLEASE CONTACT OUR OFFICE IMMEDIATELY IF YOU ARE INTERESTED IN HAVING US HANDLE YOUR CASE.
ALSO, STAY TUNED TO OUR WEBSITE FOR ANY NEW INFORMATION REGARDING THE H1B VISA SITUATION & TO TRACK THE H1B QUOTA WHEN THE NEW FILING PERIOD BEGINS.
GENERAL H1B QUOTA CAP REACHED ON 4/2 (LOTTERY SYSTEM IMPLEMENTED ON 4/12/07); US MASTERS DEGREE EXEMPTION CAP REACHED ON 4/30/07; PREMIUM PROCESSING PERIOD NOT TO BEGIN UNTIL AFTER LOTTERY COMPLETED
Update 5/4/07: The USCIS announced today that the FY 2008 H1b US Masters Degree Exemption Cap has been reached as of 4/30/07. The general H1b quota cap was reached on 4/2/07, but an additional 20,000 slots were available for holders of masters degrees or higher from US universities (i.e. the US Masters Cap). The USCIS has stated that 4/30/07 is the 'final receipt date.' All applications received on 4/30/07 will be subject to a random selection process (i.e. lottery). Any applications not chosen will be returned along with the filing fees. Any applications received after 4/30/07 will be rejected. Those filed prior to 4/30/07 will be processed as usual & will not be subjected to the lottery.
Update 4/30/07: CIS has received 19,673 applications toward the 20,000 US Masters degree quota as of the date of their last count on 4/26/07.
Update 4/26/07: CIS has received 18,747 applications toward the 20,000 US Masters degree quota as of the date of their last count on 4/24/07.
Update 4/21/07: CIS has received 18,649 applications toward the 20,000 US Masters degree quota.
Update 4/18/07: CIS has received 17,969 applications toward the 20,000 US Masters degree quota.
Update 4/12/07: CIS has stated that the H1b random number generator was run on April 12, 2007. No further information has been provided.
Update 4/10/07: CIS provided an updated count of FY 2008 H1b cap filings today. The CIS announced that as of 4/9/07, the CIS has determined that approximately 119,193 of the H1b petitions received on April 2 and 3 are subject to the FY 2008 congressionally mandated cap. The CIS received on April 2 and 3 a total of approximately 12, 989 cases requesting an exemption for the FY 2008 H1b cap because they were filed on behalf of aliens holding a master's degree or higher from a US institution. Thus, the US master's degree filing category is still open.
Update 4/9/07: CIS imposes conditions on availability of premium processing for H1b petitions subject to the FY2008 cap rather than suspending or terminating the premium processing service for H1bs. The CIS asserts that it has the authority to announce conditions to the premium processing service under 8 CFR 103.2(f)(2). Consequently, the CIS has clarified that the 15 day premium processing period will begin only after the computer-generated random lottery has selected the petitions for processing.
Update 4/5/07: CIS has announced that it has received 133,000 unique pieces of mail containing H1b petitions (but each piece of mail may contain more than one H1b petitions)---so a final count is not yet available.
UPDATE AFTERNOON 4/3/07:H1B CAP HAS BEEN REACHED!!!
USCIS ANNOUNCED THIS AFTERNOON THAT IT RECEIVED ENOUGH CASES TO REACH THE CAP ON 4/2/07. ALL CAP-SUBJECT CASES RECEIVED 4/2/07 & 4/3/07 WILL BE SUBJECTED TO A RANDOM SELECTION PROCESS. NO ANNOUNCEMENT HAS BEEN MADE YET REGARDING THE US MASTERS DEGREE CAP.
The 'final receipt date' for H1bs was announced as 4/2/07. Per CIS regulations, the CIS will subject H1b petitions received on the 'final receipt date' and the following day to a computer-generated random selection process. All cap-subject cases received on or after 4/4/07 will be rejected. Any cap-subject cases filed on 4/2/07 & 4/3/07 that are not selected for processing will be returned with the filing fees.
The USCIS does not have a count yet for the Masters Degree quota and has not yet made an announcement regarding the 'final receipt date' for those petitions.
UPDATE MORNING 4/3/07: Still no official reports from the USCIS regarding the H1b quota and how many petitions were received yesterday & today.
UPDATE AFTERNOON 4/2/07: Still no official reports from the USCIS regarding the H1b quota and the number of filings received---although it appears that the quota will be well exceeded and the USCIS will need to implement the lottery system for these filings. Reports are that the Vermont Service Center has received over 100,000 packages (40,000 UPS, 50,000 Fed Ex, 10,000 DHL and then US mail & other couriers). The California Service Center has received an equal number (Fed Ex in Irvine alone had 48,000). Many packages, of course, contain multiple filings. Many attorneys have not been able to get confirmation regarding their Fed Ex, UPS, etc packages because the couriers are overwhelmed. If the figures being reported by the courier services are correct, the USCIS will have to implement a lottery system for the H1bs. Under the lottery system, all applications received today (4/2) and tomorrow (4/3) will be included. So, if your case, like many others, has not been able to get through today & has been rescheduled for delivery tomorrow, then you will still be included in the lottery. We will update this website as soon as there is any official word from the USCIS.
4/2/07 H1B QUOTA UPDATE:
Today is the first day of the new H1b filing period. No official reports yet from the USCIS regarding the H1b quota and the number of filings received. The Vermont office of Fed Ex reports that they were delivering a tractor trailer load full of petitions to the USCIS this morning and that their counterpart in California had twice as many----which appears to be well beyond 65,000 per Fed Ex. If you add in DHL, USPS Express Mail, private couriers, etc., it would not be surprising if the total well exceeds 65,000. If the H1b petitions filed today exceed the H1b quota limit, then the cases would be selected via random audit (i.e. so it does not make a difference if your case was received at 8am or 4pm today). We are monitoring this situation closely and will be updating this website as soon as any additional information is available.
4/01/07 H1B FILING UPDATE
CHANGE OF H1B FILING LOCATION:
USCIS announces that filing location for H1bs will change beginning 4/1/07. Previously all petitions were filed at the Vermont Service Center. Beginning 4/1/07, petitions are to be filed at either the Vermont Service Center or the California Service Center depending on the jurisdiction under which the petition falls.
ISSUES REGARDING 4/1/07 BEING A SUNDAY:
USCIS has announced that they will not take possession of mail scheduled for delivery on Saturday March 31 or Sunday April 1 until Monday April 2. Applications received on Friday 3/30 will be rejected.
Time Spent in H4 or L2 Status Doesn’t Count Toward H1b & L1 Maximum Periods of Stay
The CIS clarified in a recent CIS interoffice memorandum that time spent as an H-4 or L-2 dependent does not count against the maximum allowable periods of stay to principals in H1b status.
Alien Not Required to be in H1b Status to Apply for Extensions beyond 6 yr H1b Maximum
The CIS clarified in a recent CIS interoffice memorandum that H1b aliens who qualify under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) Sections 106(a) & 106(c) need not be in H1b status when requesting an additional period of stay beyond the 6 year maximum H1b period.AC21 Sect 106(a0 is the provision which allows an alien to apply for one year extensions beyond the 6 year H1b maximum when a labor certification application or I-140 application have been pending for at least 365 days.AC21 Sect 106(c) allows for 3 year H1b extensions beyond the 6 year H1b maximum period when the alien is the beneficiary of an approved I-140 petition but cannot adjust their status due to quota limitations (i.e. not having a priority date that is current according to the Department of State’s Visa Bulletin).
H1b “Remainder” Option Now Available
CIS will now allow an alien who has been absent from the US for more than 1 year who has previously been admitted to the US in H1b status but did not exhaust his/her entire 6 year H1b maximum period while in the US to seek readmission to the US in H1b status for either (1) a new 6 year period of admission (note:this type of filing is subject to the H1b cap) OR (2) apply for an H1b for the “remainder” of his/her initial 6 year maximum H1b period (note: this type of filing is exempt from the H1b cap).
EMPLOYER COMPLIANCE: CIS MUST BE NOTIFIED OF H1B EMPLOYEE TERMINATION!
The Department of Labor awarded the prevailing wage to a fired H1b employee for the period of H1b authorized stay due to a lack of bona fide termination. The Department of Labor made the determination because there was no evidence that the company had notified the INS that it had terminated the H1b employee and that the company had provided the employee with payment for her transportation home.
THE H1B FILING PERIOD FOR THE 2008 FISCAL YEAR PERIOD BEGINS ON 04/01/2007 FOR EMPLOYMENT BEGINNING 10/01/07. BECAUSE OF OUR EXPERIENCES WITH THE H1B QUOTA IN 2006 & PREVIOUS YEARS, IT IS HIGHLY RECOMMENDED THAT NON-QUOTA EXEMPT H1B APPLICATIONS BE FILED AS EARLY AS POSSIBLE ONCE THE FILING PERIOD OPENS.
H1B CAP FOR 2007 FISCAL YEAR REACHED ON 5/26/06: The H1b Visa is the primary visa by which companies can employ foreign nationals in the United States. There is an annual quota limiting the number of new H1b visas that can be issued each year. The USCIS 2007 Fiscal Year began on 10/01/2006. Filings for H1b visas are allowed to commence six months prior to this date (i.e. 4/1/2006) requesting employment beginning on 10/01/2006. The US CIS announced on 5/26/06 that it had received a sufficient number of H1b petitions to meet the congressionally mandated cap for fiscal year 2007. The 'final receipt date' for H1b petitions subject to the FY 2007 annual cap was May 26, 2006. Affected H1b petitions received on that date were subject to a random selection process. H1b petitions subject to the FY 2007 annual cap that are received by the CIS after the "final receipt date" will be rejected.
WORKERS EXEMPT FROM H1B QUOTA FOR WHICH H1B PETITIONS CAN STILL BE FILED: Current H1b workers do not count towards the Congressionally mandated H1b cap. As such, petitions will continue to be processed to:
H1b extensions for current H1b holders
Allow current H1b holders to change employers
Allow current H1b holders to work concurrently in a second H1b position
Change the terms of employment for current H1b workers with their current employer
Quota exempt filings for institutions of higher education, and certain non-profit organizations
US ADVANCED DEGREE EXEMPTION FILINGS---QUOTA REACHED: The first 20,000 H1b petitions filed on behalf of aliens who have US masters degrees or higher are exempt from any fiscal year cap on available H1b visas. The US Advance Degree cap was reached as of July 26, 2006.
DISCLAIMER: The information provided in this website is for informational purposes only and does not create an attorney-client relationship. The information should not be relied upon in making any legal decisions. Details vary from case-to-case and laws are constantly changing; the information on this website is not comprehensive nor is it necessarily up-to-date. It is highly recommended that you obtain the assistance of an attorney in regard to any legal matter.
