New H1Bs Still Possible for this Fiscal Year
Posted Apr 16, 2000

As previously published in the MurthyBulletin, as of March 21, 2000, the Immigration and Naturalization Service (INS) announced the new procedures to be followed since, based on the current limit of 115,000, the H1B cap had been reached for this fiscal year. All new H-1 cases subject to the cap must indicate a start date of October 1, 2000 in order to be approved against the H1B quota for next year.

The question posed was how can one claim an H-1 for the current fiscal year if more H-1s become available, for example due to either cases being withdrawn or the possible passage of legislation to increase the H1B quota for this fiscal year? The INS response is that the start date for the H-1 petition should be indicated as "10/1/00 or earlier." The INS admits that previously they have rejected H1B cases with this language but now their officers will be advised to accept all such H1B Petitions with this "magic language."

The Law Office of Sheela Murthy, P.C. will continue to provide updates on H-1 cap issues as they become available.