H1B 65,000 Cap Watching

Bad News

Finally, the bad news comes at no surprise. USCIS announced on 02/17/04 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." For details, see the link below:

http://uscis.gov/graphics/publicaffairs/newsrels/h1bcap_NR.pdf

In my previous post, it was concluded that "In others words, only 10,618(65,000-54,382) would be available for those applied during the rest months of FY2004." It appears that 10,618 was filled up with the applications file during 02/01/04~02/17/04 or the 43.6% prejection is a lit bit conservative.

When I start this thread, I stresses that "You may have to face the situation which happened during FY98, FY99 and FY2000 where you are lucky to find a job but you cannot secure it due to H1B cap. So be prepared for the worst case and takes action in advance." Hope someone benefited from this thread to act quickly and defenitely someone may have to learnt a lesson.
 
I'm now crossing my fingers and praying...

I am working for a small start-up company on OPT which is going to expire on August 19. My company decided to sponsor H1B after my three months trial which ended at the end of last Nov. But my company's lawyer is very hard to communicate and there is no response for a long time after I submited all my personal info according to the ckeck list. I call his office several times but his assistant always said he were busing with other important stuff and his hand was all full.

I am silent reader of this forum and kept close look at this thread about H1B cap issue. Finally I was convinced that the cap definitly was not there waiting for my case's arrival. I paid in person to visit the lawyer's office and reiterated my concerns of this issue. You know what, he is waiting for all his assistants to finish their preparation for all kind of H1B petitions including extenions and then pack into a whole package to mail out. I do not dare to anticipate when they are going to finish and mail them out but I stick my butt in his office for the full afternoon to wait for my case to be ready because I volunteer to mail my package by USPS Express on my own cost. Finally I got my sealed package and I mailed it out on the same day--Feb 12, 2004.

I checked the USPS's tracker system and I only know my package was delivered and signed. But when my application is entered into computer and considered as received one?

I'm now crossing my fingers and praying...
 
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Neeraj,

You did the best thing one should have done in your situation. I think you should be fine if you mailed your application on 12th. It should have reached there on 13th. If not , then on 17th, 16th being a holiday. if 13th, you are pretyy sure to get processed, 17th could have been borderline....

Good move !!

Wish you luck
 
You should make it

Hi Neeraj23,

You should make it.

Usually, USCIS issues the receipt notice at the same day when USCIS received it. Your company lawer should receive this receipt in around one week. Be sure to get a copy of this (Form I-797).

Let us know if you have any update.

Good luck.
 
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My pray has been answered!

I was on an on-site trip lately and just back last Saturday. I called my company's lawer this afternoon to make sure that my case has been gone through before the deadline. It's no surprise that the lawer is as busy as he always was. It's not a big deal this time since I just want a receipt number. The big surprise is that my case not only made it on 2/13/04 but also got approved on 2/26/04. Is that a amazing.

This is such a big big relief to me. I really really want to thank all pals in this forum particularly H1Bcap, you did a very great job by doing the H1Bcap watch research. Your prediction of the H1B cap trend is just awesome. I believe a lot of people like me benefited from reading your analysis. Thank you, H1Bcap. Without your alert, my case were definitely in my comany lawyer's busy hands for preparation now.

Thank you all and god bless you.

Neeraj
 
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If your's is a small co., why don't you talk to your employer or immmediate boss about the lawyer. You might want to stay away from the firm for future issues.
 
Hi ThomasCasp,

If you haven't received your receipt notice (Form I-797), something definitely went wrong. Actually, according to ImmigrationWatch, 48.4% H1B caces filed in Vermont service center within February have already been approved, not mention your case (Feb 4) is at very front of this month.

It's true that your company attorney can get some kind of notification, most often through the action by which USCIS cashes the check(s) attached with the petitions. But usually USCIS will issue the receipt notice (From I-797) for each individual case with an unique case number when they receive the case and your company attorney should receive this notice in around one week. Otherwise, it's very rare. Call your attorney and ask for I-797.
 
FY2004 H-1B PROCESSING STATUS (03/09/2004)

According to ImmigrationWatch, 157,904 cases have been filed during FY2004 and 95,589(60.5%) of them have been approved. Here is the detailed cases distribution among service centers and months of FY2004:

Oct,2003
---------
...CSC Filed--7018 Approved--4186(59.6%)
...NSC Filed--7255 Approved--6358(87.6%)
...TSC Filed--7536 Approved--4798(63.6%)
...VSC Filed-12767 Approved--8239(64.5%)
SUB_TOTAL----34576----------23581(68.2%)

Nov,2003
---------
...CSC Filed--5984 Approved--3206(53.5%)
...NSC Filed--5220 Approved--4542(87.0%)
...TSC Filed--6175 Approved--3826(61.9%)
...VSC Filed-10495 Approved--6328(60.2%)
SUB_TOTAL----27874----------17902(64.2%)

Dec,2003
---------
...CSC Filed--6513 Approved--3718(57.0%)
...NSC Filed--6175 Approved--5014(81.1%)
...TSC Filed--7020 Approved--4217(60.0%)
...VSC Filed-11698 Approved--6928(59.2%)
SUB_TOTAL----31406----------19877(63.3%)

Jan,2004
---------
...CSC Filed--5973 Approved--2894(48.4%)
...NSC Filed--6568 Approved--4686(71.3%)
...TSC Filed--6186 Approved--3537(57.1%)
...VSC Filed-12148 Approved--7239(59.5%)
SUB_TOTAL----30875----------18356(59.4%)

Feb,2004
---------
...CSC Filed--6030 Approved--2654(44.0%)
...NSC Filed--7391 Approved--3438(46.5%)
...TSC Filed--6625 Approved--3422(51.6%)
...VSC Filed-13127 Approved--6359(48.4%)
SUB_TOTAL----33173----------15873(47.8%)

------------------------------------------
TOTAL Filed-157904 Approved-95589(60.5%)

(c) Copyright of www.ImmigrationWatch.com
 
H visa

Please could anyone tell me is it all the H visas that have a cap or just the H-1?
Thanks
 
There are mainly three types of H visas: H-1(B&C) specialty & nursing worker, H-2(A&B) agriculcural & seasonal worker & H-3 trainee. Only type of H-1B is subject to the 65,000 cap (to be more specific, only part of H-1B cases -- excluding those who work for non-profit government, organization & institution) which require advanced degrees.

H-2 is subject to it's own cap.

Other Hs are those dependants of the corresponding, such as H-4 of H-1, and not subject to any cap.

Hope it helps.
 
FY2004 H-1B PROCESSING STATUS (04/20/2004)

According to ImmigrationWatch, 200,350 cases have been filed during FY2004 and 130167(64.9%) of them have been approved. Here is the detailed cases distribution among service centers and months of FY2004:


Oct,2003
---------
...CSC Filed--7018 Approved--4986(71.0%)
...NSC Filed--7255 Approved--6558(90.3%)
...TSC Filed--7536 Approved--6214(82.4%)
...VSC Filed-12767 Approved-10599(83.0%)
SUB_TOTAL----34576----------28357(82.0%)

Nov,2003
---------
...CSC Filed--5984 Approved--3566(59.5%)
...NSC Filed--5220 Approved--4662(89.3%)
...TSC Filed--6175 Approved--4648(75.2%)
...VSC Filed-10495 Approved--6568(62.5%)
SUB_TOTAL----27874----------19444(69.7%)

Dec,2003
---------
...CSC Filed--6513 Approved--3974(61.0%)
...NSC Filed--6175 Approved--5374(87.0%)
...TSC Filed--7020 Approved--4657(66.3%)
...VSC Filed-11698 Approved--7568(64.6%)
SUB_TOTAL----31406----------21573(68.7%)

Jan,2004
---------
...CSC Filed--5973 Approved--3346(56.0%)
...NSC Filed--6568 Approved--5686(86.5%)
...TSC Filed--6186 Approved--3817(61.7%)
...VSC Filed-12148 Approved--8177(67.3%)
SUB_TOTAL----30875----------21026(68.1%)

Feb,2004
---------
...CSC Filed--6030 Approved--3414(56.6%)
...NSC Filed--7391 Approved--6346(85.8%)
...TSC Filed--6625 Approved--3999(60.3%)
...VSC Filed-13127 Approved--8622(65.6%)
SUB_TOTAL----33173----------22381(67.5%)

Mar,2004
---------
...CSC Filed--5354 Approved--1814(33.8%)
...NSC Filed--5758 Approved--4688(81.4%)
...TSC Filed--6107 Approved--2799(45.8%)
...VSC Filed--9955 Approved--4408(44.2%)
SUB_TOTAL----27174----------13709(50.4%)

APR,2004 *
---------
...CSC Filed--2935 Approved-- 608(20.7%)
...NSC Filed--3418 Approved-- 838(24.5%)
...TSC Filed--2891 Approved-- 694(24.0%)
...VSC Filed--6028 Approved--1537(25.4%)
SUB_TOTAL----15272-----------3677(24.1%)

------------------------------------------
TOTAL Filed-200350 Apprved-130167(64.9%)

* -- not whole month

(c) Copyright of www.ImmigrationWatch.com
 
PLEASE COULD SOMEONE HELP!!!!!!!!!!!!!

hi, could anyone please help employer applied for H-2B by premium processing, it was sent back the two reasons being
1. H-2b cap (but before the premium process was sent in we phoned the bcis who told us that only the H-1B had a cap on them)
2. employer sent cheque for $110 AND IT SHOULD HAVE BEEN $130
is it more likley that it was sent back because the cheque was incorrect and not that there is a cap or is there now a cap, please could anyone advice very

:confused: at the moment.
My I-140 was approved on 15th march 2004 and just wanted to get temp visa whilst waiting for cp process to be complete.
thank you so much for your help and time in advance.
:(
 
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