Advanced Cap for H1B reached

oncodoc

New Member
Does this affect IMGs starting residency in July 2007?
Thanks.


QUOTE:


USCIS reaches H-1B Advanced Degree Cap

U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the exemption limit of 20,000 established by Congress for fiscal year(FY) 2007. The “final receipt date” for these exempt H-1B petitions was decided by USCIS as July 26, 2006. Petitions received on July 26, 2006 are subject to a random selection process. USCIS will reject petitions requesting a foreign worker with a master’s or higher degree earned from a U.S. institution of higher education that are received after the “final receipt date” unless the petition is otherwise eligible for a separate cap exemption.

USCIS has implemented the following procedure for H-1B filings for FY 2007 in accordance with the procedures announced in 70 FR 23775 (Allocation of Additional H-1B Visas Created by the H-1B Visa Reform Act of 2004):

* If USCIS determines that the numerical limits have been exceeded, USCIS will identify those H-1B petitions seeking an FY 2007 number that were received on that date.

* USCIS will then conduct a computer-generated random selection of the petitions received on that date to allocate any remaining FY 2007 H-1B numbers.

* After random selection, any remaining H-1B petitions that do not receive an FY 2007 number and are not otherwise exempt will be rejected and returned.

* Returned petitions will be accompanied by the filing fee.

* Petitioners may re-submit their petitions when H-1B visas become available for FY 2008.

* The earliest date a petitioner may file a petition requesting FY 2008 H-1B employment with an employment start date of October 1, 2007, would be April 1, 2007.

Petitions for current H-1B workers 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.

VisaPro readers are aware that USCIS reached the ‘general’ H-1B Cap on May 26, 2006 and conducted a similar ‘lottery’ for petitions received on that day. Now that H-1B’s for FY 2007 are over, US employers need to look for alternative visa categories to employ foreign nationals in the US. If you are an employer who missed the H-1B bus this time, click here to consult a VisaPro Attorney to look for alternatives.
 
Top