FY2006.2005 H1B update (April 18)

[Jixiao]

After a long waiting time of the USCIS guidelines release, my attorney decided to file my H1B petition last Friday, and we will do conversion from FY2006 to FY2005 after the guideline is released. Just FYI.

Now we get a significant delay from Murthy Forum where we have had a very hot discussion for the past month. Unfortunately the admin of the forum deleted almost every important phone numbers and websites posted in the forum, which are legal to be posted. To be worse, the admin is screening every message to be posted so causing a significant delay of showing all replies to the thread.

Please post your H1B update here, all old buddies from Murthy forum and new friends from others.

 

[Jixiao]

04/16/2005: H-1B 20,000 Cap Exempt Eligible Group
· AILA has reported that a Service Center was allegedly instructed to sort out the U.S. Degree cases out of the FY 2006 cap files supposedly in preparation for processing and adjudication of these cases under FY 2005 special 20,000 cap numbers upon the forthcoming release of the guidance in the federal register. Even though the agency has not confirmed one way or another its official policy, this information strongly suggests that the FY 2005 special 20,000 cap exempt numbers may be used for U.S. master or higher degree holders. It also confirms that the implementation guidance will allow the USCIS to convert FY 2006 cap cases into FY 2005 20,000 cases either with or without the request of the filers.
· Should this take place, there will be some FY 2006 cap cases which cannot be converted to the FY 2005 cases before October 1, 2005. These cases include those H-1B petitions filed with the starting date of October 1, 2005 and the underlying Labor Condtion Application, ETA 9035, is not valid until October 1, 2005. There may be some employers who filed the Labor Condition Application on or after April 1, 2005 requesting the effective date of October 1, 2005. Since the H-1B petition cannot be approved during the period when there is no valid Labor Condition Application, even if they involve U.S. degree aliens, the cases may be ineligible for the conversion to FY 2005 cap cases and the alien may not be able to work on H-1B until October 1, 2005. Please stay tuned to this web site for the upcoming release of the federal register.

04/16/2005: H-1B 20,000 Federal Register Release Schedule
· This rule is not scheduled to be published on Monday, April 18, 2005. Continuing delay of OMB review completion raises a strong suspicion that this rule may not be published before April 30, 2005. Please stay tuned to this web site for the upcoming release of the federal register.

KPandyaMember posted April 18, 2005 05:43 AM
Called Chris B Spoke to Chris B this morning, he said that they are expecting in next 7-10 days. This is what he said 10 days ago. I am really loosing my patienc now.I asked him if it would be wise to have the new I-129 forms filled incase the application date is in May. He said yes.I asked him if the guidelines were sent back to OMB and at what stage. He said that the only thing he can say is that the guidelines are between agencies and can't comment on what stage it is at. I asked him as to how long will it be before the application date once the guidelines are out? He said it could be even 3 days or even 2 weeks. Just depends on how the guidelines turn out to be.Also called up Efren Hernandez's office, ofcourse couldn't speak to him directly, his secretary conveyed the message on his behalf to check the website for guidelines and if possible apply for the 65K so that we don't miss the deadline. In case you haven't heard this, reached karen Lee's voicemail. At the end of the voice mail, there is an additional message for frequent callers like us saying that if the call was regarding H1-B matters then call up Chris Bentley at DHS.

NRPM Member posted April 18, 2005 07:18 AM
Called Chris B
Just called Chris Bentley and was told the same old thing that the guidelines will be out by the end of the month. When asked for specifics he said that the guidelines are with OMB again and does not know about the date lines.

 

[khakayi]

FY2006.2005 H1B Upgrade filing

Someone please advise me- does my case qualify for an upgrade filing?
I recently filed for my H1B and it was approved but with a start date of Oct 1, 2005. My question is- is it possible for me to upgrade this petition so I can have an ealier start date under the 20,000 new visas for holders of a masters degree from a US institution? I had paid and requested for premium processing which was done but with a start date of Oct. 1 2005.
Background:
I'm currently changing my status from F2 to H1B.
I held and H1B last yr from a cap exempt employer from Jan 1,2004 and it expired on May 31, 2005. When I wanted to renew my H1 but with a non- cap exempt employer, the cap had already been reached and since I had already changed my visa to an F2- I was advised that I had 'given up" my H1b number and this was going to be treated as a new filing. Please advise.
thanks in advance.