As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
 
Further, new H-1B cap cases will be accepted even on or after October 1. The H-1B petition remains a viable alternative for employers and employees alike! Now is an especially good time to file the H-1B. When an employer filed the H-1B in April for an October start date, it was sometimes difficult to find placements, obtain contracts, etc. However, now that we are beyond October 1, employers may be able to more easily find placements and secure contracts. Meanwhile, H-1B employees can now tell employers that they will be ready to work (assuming the H-1B petition is approved) within a matter of a few weeks. 
 

Corporate Restructuring: How does this affect my immigration filings?

 In today's dynamic, recovering economy, mergers and acquisitions of companies are increasingly common. Corporate restructuring, specifically mergers and acquisitions may significantly impact the status of either company's immigration filings. The exact consequence depends on the type of filing in question, and the type of corporate change. Last month we focussed on L-1 and H-1 petitions. This month we focus on Green Card Processing.

 

CORPORATE RESTRUCTURING AND THE GREEN CARD PROCESS
 
Historically, if a company was acquired, merged with another company, or otherwise changed its corporate structure, the green card process could proceed, but only if the successor petitioner (the new entity) had assumed all of the rights, duties, obligations, and assets of the original employer and continued to operate the same kind of business as the original employer.
 
USCIS has recently issued revised guidance on the successor in interest situation. The revised guidance in effect relaxes USCIS' policy and provides companies with greater flexibility to continue green card processing without interruption in a wider range of corporate restructuring scenarios.
 
Will My (Employee's) I-140 Petition Be Affected by a Corporate Restructuring?
 
The effect of a corporate restructuring on employees' green card processing depends on the stage of the green card process and the type of corporate restructuring.
 
The new USCIS guidance states that if there is a "successor in interest" relationship, the green card process can continue without starting the process all over again, assuming the following criteria are met[1]: 
 Read more at 
 http://www.challalaw.com/NewsArticle.aspx?QSubId=ochalla2009102775626&QPageNo=&QNewsCnt=3&QNewsSrc=Client&QNewsYr=2009