H1 Cap Fact Sheet

jaxen

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H1B cap reached- When can we apply next H1?

http://www.aila.org/contentViewer.aspx?bc=16,3881,4707

Press Office
U.S. Department of Homeland Security

February 17, 2004

Contact: USCIS, Public Affairs
202-353-8472

Press Release

USCIS ANNOUNCES NEW H-1B PROCEDURES - REACHES CAP

Washington, D.C.-- U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

USCIS has implemented the following procedure for the remainder of FY 2004:

USCIS will process all petitions filed for first-time employment received by the end of business today.
USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today.
Returned petitions will be accompanied by the filing fee
Petitioners may re-submit their petitions when H-1B visas become available for FY 2005
The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004
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
USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing our nation's security.
 
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Jaxen,

A friend of mine sent his Cap subject H1 Application(Premium) to INS on Friday the 13th through his lawyer.
Monday being a holiday, It was likely to reach INS on tuesday the 17th, which is the cut-off date announced by them.
Could you tell if they open the applications on the same day or the next day. what are the chances he will get his H1?

Thanks
 
All applications received physically after the cutoff date will be returned. Sorry Ginnu, I wanted to merge your post to this "stuck" thread so that we will have a single source of information but it got mauled.
Alren is right. It will.
 
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