H1b 2007 Cap Reached - Source Murthy Bulletin

C

chanduv23

Registered Users (C)
1. H-1 Cap Reached on May 26, 2006
Posted Jun 1, 2006 on MurthyDotCom

The USCIS announced on June 1, 2006 that the regular H-1 cap for Fiscal Year 2007 (FY2007) was reached on May 26, 2006. Those cases properly filed with the USCIS before the 26th are safe, with respect to the cap, as there are enough cap numbers for these cases. Cases that reached the USCIS on May 26th are in an uncertain situation and will be subject to a random selection process, as there are enough numbers for some, but not all of the May 26th cases. Any regular cap-subject cases received after May 26th will be rejected entirely. This information does NOT impact advanced degree cases, for which cap numbers are still available.

Set Aside

There will not be any more regular cap numbers available for FY2007 from unused Chile / Singapore H1B1 numbers. A portion of the regular H-1 cap numbers is allocated for Chile and Singapore nationals under trade agreements. Any unused Chile / Singapore numbers are to be used within the first 45 days of the next fiscal year. According to the June 1st cap announcement, the USCIS already added the unused FY2006 H1B1 numbers into those available for FY2007, based upon projections. The USCIS indicated that that this brought the actual cap numbers generally available under the regular cap for FY2007 to 64,300.

Random Selection

Cases received on May 26th will be selected for cap numbers on a computer-generated basis. Those cases that are not randomly selected will be rejected and returned along with the filing fees. HOWEVER, we note that in FY2006, the USCIS issued receipts for cases filed on the last day, and then later notified the applicants that they were not selected. Thus, it is not safe to assume that a case has been selected simply based upon issuance of a receipt notice.

Re-Submission

Those persons with cases that did not meet the cap will not be able to file new cap-subject cases until FY2008. FY2008 begins on October 1, 2007; filings will begin on April 1, 2007. Of course, in order to remain in the U.S. until the next FY, it will be necessary to have a legal status in the interim.

Surprise

While the cap announcement did not come as a surprise, it is a bit perplexing that it was met as of May 26, 2006. The USCIS had issued an updated cap count on May 25th indicating that just under 50,000 cases had been filed against the regular cap. Thus, in order for the cap to have been met on the next day, given the inclusion of Chile / Singapore numbers, more than 14,000 cases would have had to have filed on May 26th. This is rather remarkable, given the numbers of cases per day reported to have been filed during the filing period.

Conclusion

The H-1 cap has, yet again, been met months before the beginning of the Fiscal Year. This demonstrates the clear insufficiency of the cap limits to meet the demands of U.S. employers. We at the Murthy Law Firm hope that Congress takes note of this in the ongoing immigration reform debates.
 
I bet more that half of them are usurped by those bodyshoppers. They create problems everywhere.
 
good thing

a way of positively looking at things -

there will be a "labor" crunch - should make employers treat employees better.


Regards
GCStrat :)
 
The bodyshops are basically agents for US employers to bring new blood so that fresh blood is sucked. Bodyshops is the best way for a country to bring in skilled labor. This whole h1b + GC thing is about modern day slavery.

I work for a bodyshop too and am an old blood now.
 
what happened to the talk about increasing the quota to 115,000.
I assume that the current limit is 65,000. someone shed some light on this.
 
chanduv23 said:
The bodyshops are basically agents for US employers to bring new blood so that fresh blood is sucked. Bodyshops is the best way for a country to bring in skilled labor. This whole h1b + GC thing is about modern day slavery.

I work for a bodyshop too and am an old blood now.
Click to expand...
Here we go again, "modern slavery".
They sucked your blood and you used them to come to the US and now on GC process. Where is slavery ?

what happened to the talk about increasing the quota to 115,000.
I assume that the current limit is 65,000. someone shed some light on this.
Click to expand...
That is still on, but as you know,it's not fully approved. The rest of quota may come later this year if lucky.
 
Last edited by a moderator:
i guess, slavery is not explicit.. but implicit and not everywhere, not isolated ....chanduv23 probably referred to the EB category of the GC system as "modern slavery", i partly agree to this...

though the GC category is 'Employment' based it is actually 'Skill' based, this is clear because the employee can leave the sponsoring employer as early as 6 months after getting the GC and INS wouldn't care, and also because the GC was granted majorly based on the beneficiary's Skill.

implicit slavery comes into the picture partly because of the length of the gc process and mainly because the beneficiary is using his skill to get his GC but the process is tied to his employment..

Beneficiary's Skill + Sponsor's 'Ability to Pay' gets a GC in the EB category but
the beneficiary's skill is what really wanted by america and not the sponsor's 'ability to pay'. The EB category should really be called SB (Skill based) and necessary changes made to do something about this implicit slavery or exploitation or whatever one calls it...
 
Last edited by a moderator:
GotPR? said:
Here we go again, "modern slavery".
They sucked your blood and you used them to come to the US and now on GC process. Where is slavery ?


That is still on, but as you know,it's not fully approved. The rest of quota may come later this year if lucky.
Click to expand...


Don't take my comments seriously. These are fun statements that I make. Offcourse every employer is a blood sucker. They will make the best out of the situation for themsleves, this goes for any employer.
 
You must log in or register to reply here.
Top