correction on H-1B visa cap

Date: Tuesday, April 07, 2009 3:05 PM

<<<<< JOB DESTRUCTION NEWSLETTER No. 2002 -- 4/07/2009 >>>>>

I should know not to write newsletters too late in the evening. Last night I
wrote that the USCIS announced the H-1B visa cap has been reached. That was an
error on my part because the USCIS hasn't officially announced whether the cap
has been reached. The press release included on the newsletter was from last
fiscal year. Fiscal years are sure confusing!

Today I called the USCIS for a clarification and to pry a little information
from them, and here is what I found out:

They started accepting petitions on April 1, 2009 for fiscal year 2010. A
deadline of 5 days for accepting petitions is imposed if the cap of 65,000 is
reached. If they haven't reached the cap the deadline is extended until they
get enough petitions to reach the cap.

The 5 day deadline occurred yesterday. A USCIS spokeswoman told me that a
press release will be made the day after the cap was met. She said she didn't
know if the cap has been met (It sounded like she said that with a smile :-),
but then she told me an official announcement is expected tomorrow on April
8th. I asked her if that means somebody at USCIS knows the cap has been
reached, but unfortunately she saw that one coming and wouldn't confirm or
deny my question. Hey, I tried. LOL!

Are we all confused yet?

So, it sounds as if the USCIS will announce tomorrow that the cap has been
reached, otherwise they probably wouldn't be sending out a press release on
the 8th. Based on the chart below, I am not too worried that my previous
newsletter was wrong -- it was just a day or two premature.

In case you are wondering what happens after the cap is reached, the USCIS
will hold a random drawing to determine which ones get visas to work in the
USA, and which ones have to go back to India. So, in order to select the "best
and brightest" whiz kids in the world who will be invited to take jobs that
Americans either can't do or don't want, we will pull names out of a big hat.

Stay tuned for an update as soon as the USCIS makes their official
announcement.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.happyschoolsblog.com/when-h1b-quota-cap-reached-2005-to-2009/

When H1B Quota Cap was Reached 2005 to 2010 March 4, 2009 by HSB We all know
about H1B Lottery for last few years, but did you know when H1B Cap was reaced
few years back? Here s a table that shows when H1B Cap was reached in last few
years 2005 to 2009.

Dates H1B Cap Reached
Here is the list from FY 2005 for which H1B was filed from April/1/2004.
There are a total of 65,000 General Quota H1B and 20,000 for students with
Advanced Degree (Masters, PhD) from US Universities.

H1B Fiscal Year H1B Filing Date Date H1B Quota Cap Reached
2005 April/1/2004 October/1/ 2004
2006 April/1/2005 August/10/ 2005
2007 April/1/2006 May/26/2006
2008 April/1/2007 April/2/2007
2009 April/1/2008 April/7/2008
2010 April/1/2009 25 Days To Go

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7cec9b5d82420210VgnVCM1000004718190aRCRD&vgnextchannel=6
8439c7755cb9010VgnVCM10000045f3d6a1RCRD

USCIS to Accept H-1B Petitions for FY 2010 Beginning April 1, 2009
Petitioners Are Reminded to Follow Regulatory Requirements

WASHINGTON U.S. Citizenship and Immigration Services (USCIS) today
announced that it will begin accepting H-1B petitions subject to the fiscal
year 2010 (FY 2010) cap on April 1, 2009. Cases will be considered
accepted on the date that USCIS takes possession of the petition; not the
date that the petition is postmarked.

The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000.
Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who
have earned a U.S. masters degree or higher are exempt from the fiscal
year cap.

USCIS will monitor the number of petitions received and will notify the
public of the date USCIS has received the necessary number of petitions to
meet the H-1B cap, known as the final receipt date. The date USCIS
publishes information that the cap has been reached does not control the
final receipt date. To ensure a fair system, USCIS will, if needed,
randomly select the number of petitions required to reach the numerical
limit from the petitions received on the final receipt date. USCIS will
reject cap subject petitions that are not selected, as well as those
received after the final receipt date.

H-1B petitions cannot be filed more than six months in advance of the
requested start date. Petitions seeking an H-1B worker for an Oct. 1, 2009
start date can be filed no earlier than April 1, 2009.

Petitions for new H-1B employment are exempt from the annual cap if the
beneficiaries will work at institutions of higher education or a related or
affiliated nonprofit entities, or at nonprofit research organizations or
governmental research organizations. Thus, employers may continue to file
petitions for these exempt H-1B categories seeking work dates starting in
FY 2009 or 2010.

Petitions filed on behalf of current H-1B workers who have been counted
previously against the cap also do not count towards the congressionally
mandated H-1B cap. Accordingly, USCIS will continue to process petitions
filed to:

Extend the amount of time a current H-1B worker may remain in the United
States.
Change the terms of employment for current H-1B workers.
Allow current H-1B workers to change employers.
Allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all regulatory requirements (8 CFR '214.2)
as they prepare petitions to avoid delays in processing and possible
requests for evidence. USCIS has developed detailed information, including
a processing worksheet, to assist in the completion and submission of a
FY2010 H-1B petition. Those documents are available from the Related Links
section of this page.

U.S. businesses use the H-1B program to employ foreign workers in specialty
occupations that require theoretical or technical expertise in specialized
fields, such as scientists, engineers, or computer programmers.

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