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  • H1 B

    Hi ...
    I have some question regarding H1 B .

    How many days USCIS generally take to generate and post the receipt no in normal process after u apply for H1 ?

    What is the situation Of 2005 H1 cap ?

  • #2
    Hi ...
    I have some question regarding H1 B .

    How many days USCIS generally take to generate and post the receipt no in normal process after u apply for H1 ?

    What is the situation Of 2005 H1 cap ?


    • #3


      • #4
        Many people are asking where they can get information as to exactly how many H1B cases have been filed against the fiscal year (FY) 2005 cap. The answer is that there is no minute-to-minute or even week-to-week case counter available. The USCIS releases figures periodically advising of the approximate number of H1B cases filed against the cap for a particular fiscal year. As of the end of April 2004, the Service Center Operations unit announced that they had not received the anticipated influx of H1B case filings in early April 2004, with a start date on or after October 1, 2004. They stated that the number of filings was "surprisingly low."

        Concern over this issue arises from the fact that the H1B cap for FY2004 was reached on February 17, 2004, and that it is now possible to file cases that will be counted against the FY2005 cap. FY2005 begins October 1, 2004. H1B cases can be filed six months in advance of the requested start date. Therefore, some employers started filing H1B cap-subject cases in April 2004.

        This is good news for those who have not yet filed their cap-subject cases because they have not yet found an employer willing to sponsor the H1B petition, have not yet graduated, or for a myriad of other reasons. We note that our law firm experienced an increase in the number of H1B filings in early April 2004 and we are continuing to receive inquiries and requests to file H1B cap-subject cases. While the volume that we are seeing is not extraordinary, it is steady. We still advise people who are subject to the cap to arrange for their employers to file their H1B petitions as soon as possible, to avoid any potential problem with the cap. It appears that many people are aware of the H1B cap issue and are making plans to have their cases filed in the near future.


        • #5
          On September 2, 2004, U.S. Citizenship and Immigration Services (CIS) announced that as of August 18, 2004, it had received 45,900 H-1B visa petitions to be counted against the fiscal year 2005 cap of 65,000. CIS did not provide an update on how many petitions had been approved, but as of August 4, 2004, CIS had approved 21,000 petitions. Please note that the overall 65,000 H-1B cap is reduced to a total of 58,200 due to the "carve out" of visa numbers under the Free Trade Agreements with Chile and Singapore. While any visas not used under the Free Trade Agreements will be added back in to be used for the current cap, this will not occur until after October 1, 2004. Any visa petitions approved after the unused numbers are added back will need to be issued by November 15, 2004.
          Based on these numbers, there are roughly only 12,300 H-1B visas left for the 2005 fiscal year that will begin on October 1, 2004. Once the fiscal year cap is reached, no new cap-subject petitions may be approved until the next government fiscal year, which will start on October 1, 2005. As new H-1B visa petitions may not be filed earlier than six months prior to the requested start date, H-1B petitions for the fiscal year commencing October 1, 2005 cannot be filed prior to April 1, 2005.

          The annual numerical limit of 65,000 only applies to "new" petitions (i.e. those filed in behalf of prospective specialty occupation professionals who are being accorded H-1B nonimmigrant classification for the first time) for "non-exempt" employers. Common examples of new H-1B petitions are those filed on behalf of individuals who are presently residing abroad and who will be entering the U.S. to commence H-1B employment, or petitions filed for those who are in the U.S. in a different nonimmigrant status (i.e. B-l/B-2 visitor, F-1 student, J-1 exchange visitor). Petitions for extensions of stay with the same employer; H-1B petitions filed by a new employer for an individual who is already in H-1B status; amended H-1B petitions filed because of changes in job duties/job site; or petitions for concurrent H-1B employment are generally not considered "new" and are not counted against the cap. "Exempt" employers include nonprofit and governmental research organizations, and academic institutions and their affiliated nonprofit organizations.


          • #6
            File early!

            The early bird gets the worm.

            Take me for example, According to my contract I was suppose to start at my job last March 2004 but my petition was filed much later than I thought, and the Feb. 17 visa cap caught up with me so now I am going to start sometime in October.


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