H1 quota and USCIS policies

[probkid]

I am shocked by the irrationality of USCIS processes and decisions lately. I understand the quota limitation but I fail to understand:

1. how and why additional/excess applications of 2004 were included in the 2005 quota (i heard these were to the tune of 15000), and
2. how the unused chile/singapore visas for 2005 would not be made available on October 1, 2005. The unused visas for 2004 were made available on October 1, 2005 but not this year???

In addition, there is the 20,000 quota for advanced US degree holders, for which there was a lot of uncertainty earlier as to whether it should be a advanced US degree or an advanced degree from anywhere.

Anyways, the reason for my frustration is that my wife who was on an H4 missed the H1 quota by a day (her appln. reached on aug. 11th). Now, I have a couple of questions:

1. She has a MBA from India. so, is it possible in anyway that she could qualify for the 20,000 quota?
2. The job offer that she has gotten is from a Small Business Enterprise with several Government certifications (SBA 8A, SDB, SBE, MBE, SWAM) and it works largely for government departments. Is it possible that this organization could fall under the quota exempt category?
3. Are there any chances of the unused chile/s'pore visas being made available?

I just think there should be more pressure on USCIS, directly from the people who are affected, businesses that are interested in hiring H1s, and the various immigration lawyer associations, for the lack of standards followed by them.

 

[lona1977]

agree with u on that. I am in the same boat.I'm on H4 and just got a job , but guess what! no more H1 for me. It sucks!
I think there should be more pressure on USCIS. But how could we do it. Do u think it matters to them if we are annoyed?

The enterprise you have mentioned, in my opinion does not fall in exempt quota. How about a post-retirement home? does it fall in the exempt quota?? Anyone ??

If she has a MBA from India. it is not possible in anyway that she could qualify for the 20,000 quota. Coz thats for USA masters degree holders.i.e. who have done their masters from USA.

All the best to her
Lona

 

[rk05]

Even I was shocked to hear the early quota closure. It is even more shocking to hear that the FY 2005 "unused" Singapore and chile visas may not be avaialble on Oct 1st 2005. It's really frustrating. I have got a job offer from a very good company and now this quota closure is making me cost my job.

Initially I was hoping that some unused visas may become available for general use during Oct 2005, but this hope is slowly dwindling. I called up some Law firm and one guy was saying that USCIS issued an excess of around 10,000 visas (last year, FY 2005) and because of this there may not be any unused visas this Oct.

Ofcourse unless Congress passes a law saying that any unused FY 2005 20k visas can be given to general category, but I highly suspect that it would happen. I have a Masters degree as well, but its from U.K.

I don't know if individuals can pressurise USCIS to increase the quota, it could only be done by an act of Congress, or maybe if the major IT companies push a strong request.