H1B 65,000 Cap Watching

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H1Bcap

Registered Users (C)
I'm starting this project for those who are counting on H1B visa: when the H1b cap (65,000 for FY2004) is going to be reached.

As you all know that the temporary raise of H1b cap based on Congress DOS DV2001 expired after 9/30/2003, which means the H1B cap is back to 65,000 level for FY2004(10/1/2003~9/30/2004) from 195,000 level for FY2003. This reduction may raise an serious issue for those who solely relies on H1B for legal presence and chances are this cap may be reached much earlier than anticipated.
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.

I have to restate my statement here:
1) The info provided here is of general nature and is for information purpose only, which may not apply to any specific case;
2) I make no guarantee that the info provided here is accurate;
3) The info provided here is based on data from www.immigrationwatch.com and I have specifically informed them of using their data for non-profit purpose. Due credits should be given to www.immigrationwatch.com;
4) I'm not a lawyer, I'm not working for any legal agency to providing any sort of legal advice, I'm not .... Ok, fine, I'm just a dump guy to offer dump info which some people might be interested in.
 
93,856 Filed and 54,017 Approved!

93,856 I129 cases have been filed during the first quarter of FY2004 and 54,017 of them has been approved. Here is the detailed cases distribution among service centers and months:

Oct,2003
---------
...CSC Filed--7018 Approved--3866(55.0%)
...NSC Filed--7255 Approved--5894(81.2%)
...TSC Filed--7536 Approved--4638(61.5%)
...VSC Filed-12767 Approved--7806(61.1%)
SUB_TOTAL----34576----------22204(64.2%)

Nov,2003
---------
...CSC Filed--5984 Approved--2737(45.7%)
...NSC Filed--5220 Approved--3526(67.5%)
...TSC Filed--6175 Approved--3678(59.5%)
...VSC Filed-10495 Approved--5568(53.0%)
SUB_TOTAL----27874----------15509(55.6%)

Dec,2003
---------
...CSC Filed--6513 Approved--3208(49.2%)
...NSC Filed--6175 Approved--3386(54.8%)
...TSC Filed--7020 Approved--3542(50.4%)
...VSC Filed-11698 Approved--6168(52.7%)
SUB_TOTAL----31406----------16304(51.9%)

------------------------------------------
TOTAL Filed--93856 Approved-54017(57.5%)

(c) Copyright of www.ImmigrationWatch.com

On January 21, 2004 USCIS annouced that 43,500 cases filed during the FY 2004 First Quarter could count against the H-1B Cap for FY 04. This concludes 43.6% (43,500/93,854) of total filed cases count against the cap this quarter, which is little high than the previos year where 79,100(36.7%) of 215,190 were subject to the cap.
Anyway, based on the USCIS's statement, only 21,500 cap is left for the rest three quarters. How much is going to left after January's cases being taken into account? We'll see.
 
The 43,500 number includes ones that have not been approved yet, but could eventually be approved. So the "43.6% (43,500/93,854)" needs to be adjusted to reflect this. We need to know how many cap subject cases were approved by Dec 31 in order to compare with the previous year's "79,100(36.7%) of 215,190" analysis.
 
So we are getting 2 sets of figures for the 1st quarter, none of which are clearly potraying so as to when the Visa cap will excatly be hit - February or March? The first set of numbers released by USCIS last month - 43,500 visas that are Approved, Or "COULD BE APPROVED", still does not make it clear out of 43,500 how many are actually approved. The second set of numbers which say that 54,017 visas are definately approved does not mention how many of those are Counted towards the cap. So unless we hear anything more from the USCIS, everything is still a guessing game.
 
Also note that I-129 includes several visa categories including
H-1B, H-1C, H-2B, H-3, L-1, O-1, P-1, P-2, P-3, or Q-1. Of course my guess is that H1B makes up a majority of these.
 
H-1B Cap question ?

Hi,

I have applied for change of status from H4 to H1 on 16th Jan (premium procesing). I got query about dates of employment on 26th jan and my lawyer response back on 27th Jan.

I am hearing lot of fuzz about H-1B quota getting full in Feb. Can they stop processing my case if quota is full ? One would think that since CIS has already open the case it will process the case in the same calender year.

Thanks for any input.

Any comments ?
 
Significant number of PhDs coming on H1-B visa for the universities doesnot add up to the toal number of H1 cap. So the toal number of approvals should be less if you delete university sponsored H1bs.

University sponsored H1B are not affected by this cap nor they become part of this cap. So guys take those into account as well.
 
GC_mission

I am hearing lot of fuzz about H-1B quota getting full in Feb. Can they stop processing my case if quota is full?
----- Yes, they can because your case is H4 to H1 change of status and you are subject to Cap but I hope you may be approved as you filed through premium processing, if lawyer replied back on 27 Jan then you might get response from USCIS before Feb 25
 
Originally posted by Jalma
Significant number of PhDs coming on H1-B visa for the universities doesnot add up to the toal number of H1 cap. So the toal number of approvals should be less if you delete university sponsored H1bs.

University sponsored H1B are not affected by this cap nor they become part of this cap. So guys take those into account as well.
Click to expand...

This issue has already taken into consideration while counting the cap. For example, in FY2003 among the total 215,190 filed H1B cases only 79,100 were subject to the cap. Those extension, goverment sponsered, non-profit organization (including University as you mentioned) sponsered were not counted.
 
hi,
does anyone know what the current count might look like. What is the guesstimated time when the cap is expected to be reached? -- Feb end?

thanks
 
H1 transfer affected in H1Cap?...

Hi

If I transfer one h1 to another (h1 transfer from one company to another company)will it be subjected to cap?.
 
gc_san:

H-1B transfer does not come out of the H-1B quota of 65000. Only the initial H-1B application comes out of that quota~! Needless to say H-!b processing is moving slow so whether it is extension or transfer apply asap....sooner you apply sooner you will get the approval!
 
From FAQ on this site I was confused. Somebody can help me, please.

Is L1 of company A conversion to H1 of company B subject to cap?

In FAQs it is written "There is no limit". But in othre places I saw that L1-H1 conversion is under cap. So where is the truth?
 
124,731 Filed & 72,526 Approved--10,618 Left?

Based on ImmigrationWatch, 124,731 I129 cases have been filed during FY2004 so far and 72,526 of them has been approved. Here is the detailed cases distribution among service centers and months:

Oct,2003
---------
...CSC Filed--7018 Approved--4008(57.1%)
...NSC Filed--7255 Approved--6094(83.9%)
...TSC Filed--7536 Approved--4734(62.8%)
...VSC Filed-12767 Approved--8137(63.7%)
SUB_TOTAL----34576----------22973(66.4%)

Nov,2003
---------
...CSC Filed--5984 Approved--2919(48.7%)
...NSC Filed--5220 Approved--4222(80.8%)
...TSC Filed--6175 Approved--3746(60.6%)
...VSC Filed-10495 Approved--5878(56.0%)
SUB_TOTAL----27874----------16765(60.1%)

Dec,2003
---------
...CSC Filed--6513 Approved--3438(52.7%)
...NSC Filed--6175 Approved--3974(64.3%)
...TSC Filed--7020 Approved--3919(55.8%)
...VSC Filed-11698 Approved--6518(55.7%)
SUB_TOTAL----31406----------17849(56.8%)

Jan,2004
---------
...CSC Filed--5973 Approved--2494(41.7%)
...NSC Filed--6568 Approved--3142(47.8%)
...TSC Filed--6186 Approved--3057(49.4%)
...VSC Filed-12148 Approved--6246(51.4%)
SUB_TOTAL----30875----------14939(48.4%)

------------------------------------------
TOTAL Filed-124731 Approved-72526(58.1%)

(c) Copyright of www.ImmigrationWatch.com

On January 21, 2004 USCIS annouced that 43,500 cases filed during the FY 2004 First Quarter could count against the H-1B Cap for FY 04. This concludes 43.6% (43,500/93,854) of total filed cases count against the cap for the first quarter. If this thrend applies to the second quarter, there would have been 54,382(124,731*43.6%) cases counting against the FY2004's 65,000 cap as of 01/31/04. In others words, only 10,618(65,000-54,382) would be available for those applied during the rest months of FY2004.
 
Last edited by a moderator:
vezunchik:

Normally the initial H-1B is subject to cap. So L-1 to H-1 should be subject to cap and any successive H-1B extensions or H-1B transfers that you may have would not be subject to the 65000 quota!
 
If the new employer really wants me and we have this problem
with reached H1 quota already, does then exist any tricky/ semitricky way to make some temporary work permit unitl the next fiscal year?
 
I am on my OPT and was planning to apply for H1 next week but as the quota is over and my OPT expires on may 30th is there anythng I can do. I am presently working.
 
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