H-1B Visa Reform Act

T

tootsierol77

Registered Users (C)
Hi there,
It's been over two weeks since the 20,000 additional numbers for 2005 went into effect and there is still no word yet on when applications will be accepted. H-1B 2006 application starts next week and it looks like those applications will be accepted before the 2005 additional numbers are accepted.
What's going on folks? I haven't seen much discussion about the confusion and/or anxeity this wait has created. Is there something anybody knows that I dont? I will appreciate any insight that can be offered.
 
I have been waiting for it anxiously

I'd appreciate it if anyone can shed some light on this issue.
 
Hope for the Best!

Hi frnds...
Its been a long time since we are all waiting for this 20K quota...lets hope they will be announced before the 2006 quota...atleast that what I am praying for...lets keep our fingers crossed!!!
 
Yes, I feel the same way. I am not sure if I should wait to see what happens with the additional 20K visa or apply for the FY2006 H-1B Visa? My question is even if you pay for premium processing will your H-1B FY2006, start from October 1? What happens to people who are outof status during that period while waiting for the H-1B and have submitted their application ,however the gap is more than 60 days?

S
 
read below...


NewsFlash! Update on Additional 20,000 H1Bs to Quota
Posted Mar 28, 2005

On March 28, 2005, the U.S. Citizenship and Immigration Services (USCIS) confirmed a rumor that the USCIS had already issued 10,000 more cap-subject H1B approvals in FY2005 than had been permitted under law. As MurthyDotCom and MurthyBulletin readers know, the annual cap is 65,000 new H1Bs in each fiscal year. The USCIS apparently approved 75,000 H1B cap-subject cases. It is unclear whether the USCIS will now "correct" this error by reducing by 10,000 the H1Bs available under the recent change in the law that is supposed to make 20,000 additional H1Bs available for persons with U.S. masters' degrees or higher. The USCIS as yet has offered no explanation as to how an error of this magnitude could have occurred. However, these are factors one should keep in mind when deciding whether to file an H1B on April 1, 2005 with an October 1, 2005 start date, under the 2006 fiscal year quota or depend upon the availability of one of the 20,000 (or now possibly 10,000) H1B cap exemptions with a start date prior to October 1, 2005.

The USCIS has not yet issued any regulations or guidance on who will be eligible to apply for the additional 20,000 H1Bs presumably allowed under the December 8, 2004 law. Although the law allowing an additional 20,000 H1Bs states that the visas are to be available only to persons with U.S. masters' degrees or above, the USCIS at one point indicated that they may open them to all persons potentially qualified for H1B status due to the fact that 20,000 H1Bs with masters' degrees or higher had already filed for H1Bs under the 65,000 H1B quota for fiscal year 2005.

The USCIS was supposed to start accepting H1B petitions for the additional 20,000 new H1Bs from March 8, 2005, the effective date of the provisions of the law that allowed the additional 20,000 new H1Bs for this fiscal year. However, the USCIS has indicated that they will not accept the new H1B petitions until they have issued a notice in the Federal Register.

We at The Law Office of Sheela Murthy, P.C. will continue to monitor this important issue and provide regular updates to MurthyDotCom and MurthyBulletin readers as and when information is released.
 
Jaggy said:
read below...


NewsFlash! Update on Additional 20,000 H1Bs to Quota
Posted Mar 28, 2005

On March 28, 2005, the U.S. Citizenship and Immigration Services (USCIS) confirmed a rumor that the USCIS had already issued 10,000 more cap-subject H1B approvals in FY2005 than had been permitted under law. As MurthyDotCom and MurthyBulletin readers know, the annual cap is 65,000 new H1Bs in each fiscal year. The USCIS apparently approved 75,000 H1B cap-subject cases. It is unclear whether the USCIS will now "correct" this error by reducing by 10,000 the H1Bs available under the recent change in the law that is supposed to make 20,000 additional H1Bs available for persons with U.S. masters' degrees or higher. The USCIS as yet has offered no explanation as to how an error of this magnitude could have occurred. However, these are factors one should keep in mind when deciding whether to file an H1B on April 1, 2005 with an October 1, 2005 start date, under the 2006 fiscal year quota or depend upon the availability of one of the 20,000 (or now possibly 10,000) H1B cap exemptions with a start date prior to October 1, 2005.

The USCIS has not yet issued any regulations or guidance on who will be eligible to apply for the additional 20,000 H1Bs presumably allowed under the December 8, 2004 law. Although the law allowing an additional 20,000 H1Bs states that the visas are to be available only to persons with U.S. masters' degrees or above, the USCIS at one point indicated that they may open them to all persons potentially qualified for H1B status due to the fact that 20,000 H1Bs with masters' degrees or higher had already filed for H1Bs under the 65,000 H1B quota for fiscal year 2005.

The USCIS was supposed to start accepting H1B petitions for the additional 20,000 new H1Bs from March 8, 2005, the effective date of the provisions of the law that allowed the additional 20,000 new H1Bs for this fiscal year. However, the USCIS has indicated that they will not accept the new H1B petitions until they have issued a notice in the Federal Register.

We at The Law Office of Sheela Murthy, P.C. will continue to monitor this important issue and provide regular updates to MurthyDotCom and MurthyBulletin readers as and when information is released.
Click to expand...
:rolleyes: I have read this update early morning. I am confused. :confused:
 
what a mess!

But even only 10k left they should begin to accept the petitions by now. What stop them from doing it?
 
Mess it is!

First of all I agree that this is a mess! I dont think that they will just scrap the H-1B Reform from 20,000 to 10,000. Since , isnt this is a law passed by congress and approved by the president? How does USCIS have any authority to change the numbers?

On a different note, if I am planning to apply to the regular 65,000 quota, will i have to prepare another I-129 and other papers, stating the start date from October 1,2005 but will everything else remain the same as the papers I had prepared for 20,000 H-1Bs?

Thanks
 
waht is going on? why do we have feel so helpless..

yes! I definitally feel A LOT OF anxiety everyday. Isn't there a way that we can express our opinions to USCIS? I'm tired of worrying about this and feeling helpless and powerless. My previous lawer did not file my case for 2 months, and now it is sitting at a table of some office to be reviewed for FY 2005 after April 1st. My OPT expires at the end of May and I need to meet a gap between then and October 1st assuming that they will approve my case. I am wondering if I can apply for other visas like J-1 to meet the gap. Does anyone know about this?
 
Fell the same confussion!!!

I have pretty much the similar problems and similar feelings as some of you guys.. my OPT expires in June 21st and I am wondering what I'll do during my gap before October 1... I was planning to apply for that new quota but I guess is better to shoot all the energy to the FY2006 now since there is no word about the 10K visas....
Any news about the FY2005 visas?? everything is so stressfull.. :( and is only one day left for April 1!!!
 
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how long would the 65000 quota last?

Can anyone input what they feel how long the 2006 quota last? this will help us all decide whether to wait for the 2005 20000/10000, opening or file atleast for the 2006 quota....Also Can the LCA for 2006 be done today or has to be done only April 1st(six months prior to Oct 1) My employer is going out of town tomorrow morning... :confused:
 
The quota for FY 2006 will be 65K+20K assuming USCIS will implement the new law soon. It should last atleast 6 months. If you want to be safe apply with in 3-4 months.
nsppcs said:
Can anyone input what they feel how long the 2006 quota last? this will help us all decide whether to wait for the 2005 20000/10000, opening or file atleast for the 2006 quota....Also Can the LCA for 2006 be done today or has to be done only April 1st(six months prior to Oct 1) My employer is going out of town tomorrow morning... :confused:
Click to expand...
 
The only thing we can do

is to push our lawyer, they should have some influence through the Lawer Association (if they want).

My situation is not as bad as those who are going to lose status, but this issue can screw up my future career. I am trying to talk to my lawyer every couple of days, even I feel they don't know more than I do.
 
On grace period, any news

Hi;
I started my grace period on march 19. My employer is waiting for the quota to open up. If you have any updates please post asap. This whole situation is such a mess. I wish there we could relay our anxeities to USCIS. I am confused if I should ask my emploer to file for fy2006 h1 cap.

Please drop any advice you may have.

Thanks in advance
naresh
 
As far as I know right now, the USCIS does not know when the announcement for the acceptance of H-1B petitions for fiscal 2005 will
be published. The announcement, which will be in the form of a
rulemaking in the Federal Register, is currently awaiting OMB
clearance.
There are so many questions but very few answers from the officials. There are many who want to take advantage of the 20,000 quota for 2005 while being concerned that the 2006 quota might run out soon if USCIS does not begin taking applications for 20,000 quota on time. For those of us who will go out of status between the expiration of OPT and October 1st H-1B start date for 2006, we may still file for 2006 quota and hope that USCIS will give some sort of amnesty for F-1 OPT's for the period between the expiration of their OPT, and 10/1.
They have done this the last two times the cap was reached early.
 
I hope the USCIS give some relief for that matter.... Rules are really harsh for students already....
 
Pls support Petition to expedite Visa Reform Act

http://www.petitiononline.com/asv12345/petition.html

Please support the petition to expedite the indefinite delay of USCIS and OMB to implement the Visa Reform Act (grants 20.000 H1B cap exemption to graduates from U.S. Universitites holding advance degrees).

Thousands of ppl are affected by the delay - falling out of status, having job offers in jeopardy and experiencing havoc with career and personal plans.

Please, don't forget to indicate your name and your U.S. school.

The petition will be sent to the Congressmen and Office of Management and Budget (OMB) where the Guidance to implement the Law is currently under review with no deadline..


http://www.petitiononline.com/asv12345/petition.html


Thanks a lot for your support !

:)
 
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