INFINITI LAW: LAW ALERT
  April 3, 2007  
 

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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