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H1B QUOTA CAP REACHED!
The USCIS announced this afternoon that the FY 2008
H1b Cap has been reached as of 4/2/07. 4/2/07 was the
first day of the H1b filing period (H1b applications could
be filed beginning 4/2/07 for employment beginning
10/01/2007). The H1b Visa is the primary visa by which
companies can employ foreign nationals in the
United States. We have been dealing with H1b quota
issues for several years now. Last year, the quota was
reached within 6 weeks of the filing period opening (i.e.
5/26/06). The year prior to that, the quota was reached
within 6 months (10/05). The H1b quota being reached
on the first day of the filing period, however, is historically
unprecedented.
The USCIS will use a random selection process for all
cap-subject filings received on 4/2/07 & 4/3/07. The
USCIS will reject and return (with filing fees) all petitions
received on those two days that are not randomly
selected. Any applications received on or after
Wednesday, April 4, 2007 will be automatically rejected.
An additional 20,000 H1s are available to those applicants
who have earned a Masters degree or higher in the
United States. The USCIS does not yet have a count of
how many of these petitions have been received and,
thus, has not yet announced a 'final receipt date' for
those petitions. As such, at this point, filings for US
masters degree holders are still possible until we hear
otherwise from the USCIS.
H1bs in exempt categories can continue to be filed.
These include H1b extensions, H1b transfers (current
H1b holders switching employers), H1b amendments, &
eligible nonprofit H1b filings.
INFINITI LAW H1B NEWS WEBPAGE (http://www.infinitilaw.com/immigrationnews/h1bnews.html)
Updates on the H1b situation will be available on our
website on the H1b News page. 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
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