Update on H1B Cases Counted Towards the FY2000 Cap
Posted Sep 24, 1999

As of the beginning of September 1999, all four INS Service Centers have started issuing approvals for H1B Petitions submitted during the period of mid-April 1999 through mid-June, 1999, which had requested a start date prior to October 1, 1999. The INS has now started issuing approvals for these H1B Petitions effective from October 1, 1999. For a more detailed analysis of the H1B numbers, the cap gap and other related issues, please see The Law Office of Sheela Murthy, P.C. web site and the Immigration Law Bulletin updates of June, July and August 1999.

According to the INS, the H1B cases caught in the cap, will likely be completed prior to October 1, 1999 at the Texas and Nebraska Service Centers. However, those cases pending in the Vermont and California Service Centers may not all be processed prior to October 1, 1999, because of larger case backlogs.

It is truly unfortunate that some H1B beneficiaries, who had started the H1B process in early 1999 cannot yet start working from October 1, 1999 because of INS backlogs. For example, many such H1B beneficiaries have had to wait several weeks for the prevailing wage from the local Department of Labor office, then waited again for the LCA to be certified in connection with the H1B processing and finally submitting the H1B Petition to the INS in early June 1999, only to be advised that the INS is suffering additional delays!