good news- H1B exempt quota

E

ePhy

Registered Users (C)
http://aila.com/content/default.aspx?docid=22063

As of April 9, USCIS has determined that approximately 119,193 of the H-1B petitions received on April 2
and 3 are subject to the FY 2008 congressionally mandated cap.
USCIS received on April 2 and 3 a total of approximately 12,989 cases requesting an exemption from the FY
2008 H-1B cap because they were filed on behalf of aliens holding a master’s degree or higher from a U.S.
institution. USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.

There is hope for people who applied after Apr-3rd in exempt quota
 
does this mean that now there would be no lottery for exempt quota and valid petitions approved on first-come-first basis?
 
Hi gcebphd.. what do you mean by "US-MS petition on and before April 9 are guarenteed to be processed."??

My application was received by USCIS today, that is on 10th.. so you mean that my application will not be accepted?
 
Kr,

Let me clarify.

Per AILA USCIS publised memo, USCIS is still accepting US-MS H1B petitions and your application should be processed, assuming it is filed under US-MS cap exempt.

What i initially said is that ALL US-MS petitions is Guaranteed to be processed as the Cap for US-MS is still open per USCIS published memo on April 9. That is where April 9 date is coming from but again your's should be procssed.

fyi - my application is also applied under US-MS quota as i have PhD but interestingly my receipt says that my date is April 2 altough USCIS online case status say April 9.

No worries here. Glad we did higher education at US
 
Hi gcebphd

I Have done my masters from US ( MBA in information technology) way back in May 2002. Later i moved back to india and currently working with a MNC in IT sector.So do i qualify under cap exempt ?

Secondly is there a time frame till when i can apply for H1 under cap exemption category. Coz still i have not applied for it, but wish to apply within coming 15- 20 days. What i mean is that after we get a clear picture as to how many application are filed under cap exempt and if it has not reached the 20000 can i still apply ?
 
hmm.. gcebphd.. good to see that there is a light at the end of the tunnel for us.. but let me also tell you one thing.. I also read the update published today, and from the way I interpret it.. its like "USCIS is still only opening the applications received on April 2 and 3, and even if they might be accepting the US Masters' Cap applications received after April 3rd, they are not yet opening it.. So the number we see i.e. the 13000 figure, is only from the 119000 applications opened thus far from the ones' received on April 2 and 3.. So they are yet to open about 14000 more packets, and then they will consider the applications received after April 3rd.."

I am not sure if my interpretation is correct or incorrect.. But whatever will happen will happen.. so I have my fingers crossed, and since my application is going to reach USCIS today, I don't have much choice but to just wait and watch..
 
kr1979 said:
hmm.. gcebphd.. good to see that there is a light at the end of the tunnel for us.. but let me also tell you one thing.. I also read the update published today, and from the way I interpret it.. its like "USCIS is still only opening the applications received on April 2 and 3, and even if they might be accepting the US Masters' Cap applications received after April 3rd, they are not yet opening it.. So the number we see i.e. the 13000 figure, is only from the 119000 applications opened thus far from the ones' received on April 2 and 3.. So they are yet to open about 14000 more packets, and then they will consider the applications received after April 3rd.."

I am not sure if my interpretation is correct or incorrect.. But whatever will happen will happen.. so I have my fingers crossed, and since my application is going to reach USCIS today, I don't have much choice but to just wait and watch..
Click to expand...



Kr,

No worries. You application should be processed. from the USCIS memo today:

USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.

If the cap is still open as of today and your applicaiton reaches today, you should be good.

Also read the immigraton-law.com breaking news.
 
This is good news for the non-cap cases. For the cap cases the final number that will be entered in the system will be 119,193 .That means the chances of a cap case getting picked is around 54% .
Does anyone know if the petitions received on April 02 will have any better chance than April 03 ? My guess is No .
 
tcc_fan said:
This is good news for the non-cap cases. For the cap cases the final number that will be entered in the system will be 119,193 .That means the chances of a cap case getting picked is around 54% .
Does anyone know if the petitions received on April 02 will have any better chance than April 03 ? My guess is No .
Click to expand...

It's not clear yet that for the cap cases the final number that will be entered in the system will be 119,193. The first sentence from today's press release clearly states that the counting of H-1B petitions received on April 2 and 3 continues. Granted the number won't jump significantly, but given the circumstances for cap quota as increase in applications is bad.

I guess MS guys lucked out, although not by much. USCIS is still accepting applications for MS quota. My guess is they will adjudicate this quota on a First-in, First-out basis. It all depends when they reach the magical 20K number. I was reading about a poll on another forum. Around 60% responded that their application reached USCIS Apr-2 or 3. Hopefully the quota is able to accommodate a fair amount of applications after that. MS guys beyond the quota would be a part of bigger lottery.

Keep our fingers crossed. Hopefully congress intervenes.....
 
doubt regarding H1b documents

Hi friends,
I have a question. I an gradaute student in usa and will be graduating in may 2007. So i will get my masters degree certificate in may.Cani file under masters quota with a completion certificate? or do i have to wait till may 2007 and file after getting graduate degree certificate.
 
aks1807 said:
Hi friends,
I have a question. I an gradaute student in usa and will be graduating in may 2007. So i will get my masters degree certificate in may.Cani file under masters quota with a completion certificate? or do i have to wait till may 2007 and file after getting graduate degree certificate.
Click to expand...

My guess is you can apply along with transcripts and letter from your department and registrar clearly stating that you have completed all the requirements for MS and the degree certificate will be awarded to you on xx/xx/2007. You might want to post your query on other forums or ask senior members on this forum
 
Can this news be trusted ?

Can this posting on AILA be trusted ?
How come this is not posted on the USCIS website. I am a little baffled here...can somebody please explain
thanks
 
desi_aragon said:
Can this posting on AILA be trusted ?
How come this is not posted on the USCIS website. I am a little baffled here...can somebody please explain
thanks
Click to expand...

I know AILA is a reputable organization, but why USCIS is not posting anything on their website. I would like to know this too???

Thanks
 
What you're suggesting doesn't make sense

gcebphd said:
Kr,

Let me clarify.

Per AILA USCIS publised memo, USCIS is still accepting US-MS H1B petitions and your application should be processed, assuming it is filed under US-MS cap exempt.

What i initially said is that ALL US-MS petitions is Guaranteed to be processed as the Cap for US-MS is still open per USCIS published memo on April 9. That is where April 9 date is coming from but again your's should be procssed.

fyi - my application is also applied under US-MS quota as i have PhD but interestingly my receipt says that my date is April 2 altough USCIS online case status say April 9.

No worries here. Glad we did higher education at US
Click to expand...

As of 04/10 the USCIS letter says that of the 119,000 cases opened so far, 13,000 are for the US Masters cap. As such this cap will continue to be monitored. It doesn't say that any application received up to and including the 04/10 will be accepted and processed.

What they are suggesting is that until such a time as they haven't opened the 20,000th US masters cap case, they will continue to monitor the applications. It could well be that the 20,000 case is in a bundle that arrived on 04/05. Then anything after this date will be rejected.
 
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