Example:

1. Request an LCA on March 15, 2007.

2. The LCA can request a start date six months in the future. So, the LCA could be valid from September 15, 2007 to September 14, 2010.

3. The cap-subject H1B cannot have a start date before October 1, 2007. There must be an LCA underlying the H1B. So, the H1B could request validity dates from October 1, 2007 to September 14, 2010.

Is Premium Processing Required to Obtain an H1B Cap Case?
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Many people assume that they need to use premium processing in order to enhance their chances of obtaining an H1B cap number. This is not true. The H1B cap numbers are allocated based upon date of filing, not date of approval. Thus, all cases filed or received at the USCIS service center on the same day have the same chance for a cap number.
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Premium Processing has certain other advantages, however; including the simple peace of mind once a case has been approved. But it is not necessary to spend an extra $1000 on premium processing in order to get a cap number.
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When will the H1B Cap be Reached?
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No one knows when the H1B cap will be reached. There are rumors that it could be reached on the first day of filing. This is purely speculation, however, and until the cases are filed, there is no way of knowing. We know that in FY2007, the "regular" cap was reached on May 26, 2006, and the advanced-degree cap was reached on July 26, 2006. We certainly will be watching this closely, beginning April 2nd and continuing until both the regular and advanced-degree caps are reached.
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Where to File : Note Changes
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There have been changes in the rules as to where H1B cases should be filed, starting April 2, 2007. This is covered in our article, USCIS Update on Filing Procedures for Forms I-129 and I-539, article #3 in this week's MurthyBulletin. Fortunately, there is a grace period until April 16, 2007, so the chances of rejection for improper filing are reduced. It is best to comply with all instructions, however, rather than to rely upon grace periods.
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2. April 2007 Visa Bulletin : No Changes in EB Visa Numbers
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For the third month in a row, the U.S. Department of State (DOS) Visa Bulletin has remained unchanged in the Employment-Based (EB) Categories. The Visa Bulletin for April 2007 is identical in the EB categories to the February 2007 and March 2007 Visa Bulletins. Those categories that were "current" continue to be current. Those categories with cutoff dates continue to have the same cutoff dates. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.]
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Employment-Based First Preference (EB1)
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This category is current for all countries.
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Employment-Based Second Preference (EB2)
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This category is current except for nationals of China and India. China's cutoff date is April 22, 2005; India's cutoff date is January 8, 2003.
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Employment-Based Third Preference (EB3)

All countries have cutoff dates. India has a cutoff date of May 8, 2001; Mexico has a May 15, 2001 cutoff date; and China, the Philippines, and worldwide all have the cutoff date of August 1, 2002.
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Other Workers
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The Other Worker category has an October 1, 2001 cutoff date.
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Employment-Based Fourth / Fifth / Religious Workers and Targeted Employment

The EB4, EB5, religious workers, and the targeted employment categories are all current.
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Translators
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This EB4 subcategory for Iraqi or Afghani nationals who have worked with the U.S. Armed Forces as translators has a September 18, 2006 cutoff.
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Predictions
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The lack of change in the Visa Bulletin is consistent with the DOS predictions made in our March 9, 2007 MurthyBulletin article, Employment-Based Visa Number Predictions, available on MurthyDotCom. The Visa Bulletin for April 2007 only carried predictions for EB3 "other workers." It is expected that the EB3 other worker category will become unavailable in May 2007. We would note that this very limited category is for unskilled workers. Most MurthyDotCom and MurthyBulletin readers with EB3 cases do not fall within this category, but fit within the main EB3 category for skilled workers and professionals.
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3. USCIS Update on Filing Procedures for Forms I-129 and I-539
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The U.S. Citizenship and Immigration Services (USCIS) recently announced new direct filing instructions for Forms I-129 and I-539. The new direct filing procedures will go into effect on April 2, 2007. The change in filing procedures is intended to streamline the process and avoid transfer of applications and petitions from one USCIS service center to another. The Form I-129 is used for a number of employment-based nonimmigrant petitions, including: H-1, H-3, L-1, O-1, P-1, P-2, P-3, and extensions of E-1, E-2, TN, and R. The Form I-539 is used for extensions and/or changes of nonimmigrant status, such as for B-1/B-2 visitors and dependant, nonimmigrant family members, such as H-4 and L-2.
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Bi-Specialization
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Forms I-129 and I-539 are among a variety of immigration forms that were transitioned into the bi-specialization system on April 1, 2006. This transition was reported in our March 31, 2006 MurthyBulletin article, USCIS Begins Bi-Specialization April 1, 2006, available on MurthyDotCom.
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Under the current bi-specialization system, the work of processing and adjudicating immigration petitions is divided by type and handled between two "sister" service centers. The California Service Center (CSC) is paired with the Vermont Service Center (VSC); the Nebraska Service Center (NSC) is paired with the Texas Service Center (TSC). The process has been to require that all filings be made at either the VSC or the NSC, and then have the cases allocated and routed internally to the respective sister center, if needed. The new bi-specialization initiative is intended to streamline this process and avoid case transfer.
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Direct Filing Requirements
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As of April 2, 2007, all Forms I-129 and I-539 are to be filed directly with one of two service centers - CSC or VSC. The USCIS WebSite has specified I-129 Filing Locations and I-539 Filing Locations, based on the place of temporary employment or place of residence.
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Employers seeking Premium Processing must also file a Request for Premium Processing Services on Form I-907. There are specific instructions as to where to send cases requesting Premium Processing, within the specific service center.
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What is New under Direct Filing
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Once the appropriate service center receives an application or petition, it will generate the receipt notice and complete the adjudication. It is expected that this process will make it much easier for petitioners and applicants to obtain information on their cases, as they will be pending with the service center at which they were initially filed.
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Earlier Service Center Address on Documents
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The USCIS has expressed understanding that the new direct filing requirements may create a significant burden on petitioners and applicants if they have already prepared their filings. Therefore, it will accept filings sent on or after April 2, 2007, to a new filing location with the old service center address indicated on letterhead and/or supporting documents.
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Filing at the Wrong Location
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All Forms I-129 and I-539 will be accepted at the old filing location until April 16, 2007. Starting April 17, 2007, all filings received at the old filing location will be rejected and returned to the petitioner or applicant with instructions for proper filing. While it is always important to be aware of procedural changes, this is particularly important for cases with deadlines, including H1B cap-subject cases.
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4. Proposal to Increase H1B Quota Gathers Momentum!
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As regular MurthyDotCom and MurthyBulletin readers are aware, there is an annual numerical limit or "cap" on new H1B petitions. The current limit is 65,000 H1B cap cases per year. In addition, Congress has allocated 20,000 H1B cap exemptions for graduates of U.S. institutions awarded advanced degrees. These limits are not sufficient to meet demand. The problem of the shortage of available H1B visas is not new, as it has been increasingly problematic since the cap reverted to 65,000 for Fiscal Year (FY) 2004. This impacts the U.S. economy and technological competitiveness, as well as highly-qualified foreign nationals. The matter, however, recently has gained renewed and more generally positive attention from Congress in its current pursuit to craft new laws in the immigration area.
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Recent Developments on Capitol Hill
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On March 7, 2007, Microsoft Chairman Bill Gates addressed the U.S. Senate Health, Education, Labor and Pensions Committee to urge politicians to boost the nation's competitiveness. Mr. Gates urged enactment of new legislation that would allow U.S. companies to hire foreign nationals with little or no limitation on the numbers of qualifying workers. (In addition, Mr. Gates suggested two other avenues for reaching this goal: enhancement of science education and elevation of research spending, which are outside of the scope for this article.)
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In his address, Mr. Gates made a chilling prediction that the U.S. will soon lose its competitive edge in the high-tech realm if Congress does not amend current immigration law with regard to the H1B cap. Mr. Gates expressed great concern over current U.S. immigration policies that "drive away the world's best and brightest precisely when we need them most." He further stated that, without "infinite" availability of H1B visas for these people, the country will not be able "to maintain its technological leadership." Mr. Gates acknowledged his appreciation of the "vital national security goals that motivate many of these policies," but added that the "terrible shortage in our visa supply for the highly skilled stems not from security concerns but from visa policies that have not been updated for a decade and a half."
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Positive Reaction in the U.S. Senate
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As far back as March of 1998, Mr. Gates addressed the Senate Judiciary Committee, expressing essentially the same concern with regard to competition in the computer industry. The reactions from politicians nine years ago and on March 7, 2007, were strikingly different. While in 1998, Mr. Gates endured heated questioning from members of the Senate Judiciary Committee, his recent address had a more positive reception. According to news reports, politicians indicated that they are willing to take cues from Mr. Gates, as most of them have respect and trust in Mr. Gates's ability to provide a correct picture of U.S. technology and its development trends.
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Congress Has Received Encouragement from President
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President Bush has urged Congress to increase the cap on H1B visas on several occasions. Most recently, while President Bush spoke to DuPont employees in Wilmington, DE, in January of this year, he addressed this matter by promising to work closely with Congress to push for more H1B visas available to qualifying foreign nationals each year. He acknowledged the shortage, recognizing that there are many professional foreign workers who would have a lot to offer the U.S. if they were allowed to come and work here.
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On an earlier occasion, President Bush addressed Congress in his February 2006 speech at 3M Co.'s headquarters in St. Paul, MN, which was similar to his address to DuPont employees on the topic of H1B employees and increasing the quota.
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Future Predictions
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It is unclear whether the current, 110th Congress will act on proposed legislation calling for an increase in the H1B quota. It is even more unclear if such legislation will be approved by the required majority needed to pass both the U.S. Senate and the U.S. House of Representatives. We remind MurthyDotCom and MurthyBulletin readers that the current H1B quota remains in place unless and until there is legislative change. Any such change would be vitally important news that we would immediately share with our subscribers and on our WebSite.
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We at the Murthy Law Firm remain hopeful that Congress will finally heed the desperate call for an increase in the H1B cap from the general public and prominent business figures, such as Mr. Gates. We will continue to watch the development of this important matter and report on any significant progress.
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5. Congress Extends the Conrad State Program until June 1, 2008
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The U.S. Department of Homeland Security (DHS) issued a Memorandum notifying the appropriate directors within USCIS that the Conrad State Program has been extended until June 1, 2008. This is the result of a law passed in mid-January 2007, which extended the program as well as making it effective retroactively from May 31, 2006. The Conrad State Program is designed to provide each state with 30 waiver slots for J-1 physicians, sometimes referred to as J-1 international medical graduates (IMGs), who serve in medically underserved areas in order to obtain waivers of the two-year home-residency requirement to which they are subject.
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Background on Conrad State Program
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In 1994, Senator Kent Conrad sponsored the provision establishing the J-1 visa waiver program for IMGs at the state level. This law allows states to sponsor waivers of the J-1 two-year home-residency requirement, acting as "interested government agencies." The program is only applicable to IMGs and does not apply to other types of J-1s who may be in need of waivers.
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Because of Senator Conrad, the program became known as the Conrad State Program. Under the original program, states were allowed to sponsor up to 20 waivers per year for IMGs who are subject to the two-year home-residency requirement. The provision now has been extended three times. In 2002, the number of waivers was increased from 20 to 30 per state, and the program was extended until 2004. On June 25, 2004, our readers were informed of another extension of this important program until June 1, 2006, in our June 25, 2004 article, Conrad Program Update, available on MurthyDotCom. At that time, the Conrad State Program was also expanded to allow states to recruit specialists in addition to primary care physicians and to provide for an exemption from the H1B annual cap for all waiver recipients.
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While almost all states are participating in the Conrad State Program, there are some states that have chosen not to participate. Before considering obtaining a waiver through this program, one must make sure that the waiver is available through the state in which s/he is interested in practicing. It is also necessary to check the requirements and procedures, as they vary from state to state, although there are common elements.
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Basic Requirements for the Conrad State Program
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While specific eligibility requirements vary from state to state, they all require that the IMG agree to practice medicine for at least three years in a geographic location designated as a shortage area. (Since 2004, states are also allowed to place up to five physicians in facilities that serve patients living in designated shortage areas without regard to the location of the facilities.) IMGs are required to be licensed according to both federal and state professional regulations criteria.
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Many have requirements that the potential employer document efforts to recruit qualified U.S. physicians for these positions, often over an extended period of time, such as six months. Some, but not all, require physicians to sign contracts providing for substantial "liquidated damages" payable to the employers if the physicians break these contracts of employment.
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Because the Conrad State Program benefits both the participating states and the IMGs, it is expected that legislation will be introduced once again, and the Congress to provide for another extension beyond the current expiration date of June 1, 2008.
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This important program will be tracked, so that we may continue to share useful information of this kind with our MurthyDotCom and MurthyBulletin readers.
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6. AILF's 12th Annual Immigrant Achievement Awards
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This marks the 12th anniversary of the Immigrant Achievement Awards ceremony sponsored by the American Immigration Law Foundation (AILF). Attorney Murthy serves on the Board of Trustees for this organization and the Murthy Law Firm actively supports their good work to educate the public on the value of immigrants and immigration to the United States. The event, held in Washington DC on Friday, March 16, 2007, will focus on the contributions of this year's honorees.

• Dr. Edward R. Braithwaite
  Author, "To Sir, With Love," which portrayed the author's own experiences when he taught students in a tough section of London.
   

• Mr. Moreno Carrasco
  Principal of Richard Montgomery High School (15th highest ranking high school in the nation)
  Montgomery County School System, Maryland
   

• Dr. Nadia Krupnikova
  Doctor of Psychiatry
   

• Michel Richard
  Owner and Chef, Citronelle Restaurant
  James Beard Foundation's "Who's Who" in American Food and Wine