H1B cap reached

Don't bet on it

I don't wish to be the spoilsport here. But, according to CIS statistics, they need 2 months to process new H1B applications(current processing date is Dec 12th). So it will be April when they are done with these H1B cases, by which time new applications for FY2005 will start coming.
 
Originally posted by anxiousOR
See this,
http://shusterman.com/pdf/h1bcap-21704.pdf

NOw will USCIS start processing 140 faster, like the rumor that once H1B cap is reached, they will assign all the resource to 140? We will see.


Read the lines carefully. They have RECEIVED enough petitions. Meaning that is an estimated figure. For USCIS to process the H1B application it takes between 3 - 12 months. So you do the math! :p

On a serious note... It would take roughly 2 - 3 months for the USCIS to complete the H1B applications. And due to the Premium processing the applications received with premium fee has to be processed first and then look into the pile of backlogs. Usually, in instances like this USCIS would disperse the H1B resources to other applications. But if those employees were trained only for H1B then again add a training period of 10 - 30 days for the newly moved employees.

hth
dyno


 
Full Details.....

Press Release February 17, 2004

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.
- USCIS -

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.
 
NOw will USCIS start processing 140 faster, like the rumor that once H1B cap is reached, they will assign all the resource to 140? We will see.
I like the way you have more faith in USCIS than they do themselves:)
It's like someone had mentioned in this forum a while back....
We say what we WANT to happen. It may not at all be the way things WILL happen.

I concur with dynobuoy and I140_2003.
It will be a while before we see improvements if any in the processing and perhaps by that time something else will crop up;)
Sorry guys...thats the way I think its gonna be..I will be the happiest person if I am proved wrong!!
 
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