| |
|
H1B CAP REACHED
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 begins 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 today that it has 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 will be 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.
Please note, current H1b workers do not count
towards the Congressionally mandated H1b cap.
As such, petitions will continue to be processed
to:
- Extend the H1b approval period 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
In addition, the first 20,000 H1b petitions filed
on behalf of aliens who have US masters degrees
or higher will be exempt from any fiscal year cap
on available H1b visas. For FY 2007, the USCIS
reports that it has received approximately 5,830
exempt petitions to date.
Also, aliens who will be employed at institutions
of
higher education or a related or affiliated
nonprofit entity or a nonprofit research
organization or governmental research
organization are exempt.
If you have any questions, please feel free to
call me at (415)874-3540 or email me at
cdanielsson@infinitilaw.com
Sincerely,
Charlotte Danielsson, Esq
Infiniti Law
phone:
(415)874-3540
|
|
|
