H1B Advanced Degree Cap Reached July 26, 2006
Posted Aug 04, 2006
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As we posted on MurthyDotCom, the USCIS has announced that the Fiscal Year (FY) 2007 Advanced Degree cap was reached on July 26, 2006. The announcement is dated July 28th, but was only issued after the close of business. The FY2007 Advanced Degree cap exemptions are no longer available. Only those cases that reached the USCIS on or before July 26, 2006 will be accepted. This was not surprising, given the frequent updates released by the USCIS and posted on MurthyDotCom. Not all cases filed on July 26th are safe, however, as those filed on the last day will be subject to random selection.
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Random Selection - July 26, 2006 Cases
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Any advanced degree cases received by the USCIS after July 26, 2006 will be rejected entirely. Those cases that were received on July 26, 2006 will be subject to a computer-generated random selection process. This is necessary because there are not enough exemptions to cover all of the cases filed on that day.
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Cases not selected will be rejected and will be returned along with the filing fees. In the past, cases that were not selected still received receipt notices. Even a receipt notice, therefore, may not be a guarantee that one's case made it in time. At the time of this writing, there has been no indication as to the number of July 26^th cases that are likely to be rejected.
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Annual Allotment
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The cap exemptions that are now depleted are those for FY2007, which runs from October 1, 2006 to September 30, 2007. The next allotment of 20,000 Advance Degree cap exemptions, as well as 65,000 H1B nonimmigrant regular cap numbers, will be for FY2008, which starts October 1, 2007. The filings can begin six months in advance; on April 1, 2007. Cases that were filed after July 26, 2006 will not be held by the USCIS for the next fiscal year. Anyone whose case was not filed in time will have to make arrangements to maintain lawful status in the U.S., if that is possible in his/her particular situation. Such individuals otherwise will have to depart the U.S.
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Conclusion - Future
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This ends the cap watch for another year. As regular MurthyDotCom and MurthyBulletin readers know, the H1B nonimmigrant visa cap of 65,000 was reached on May 26, 2006. Students and others who may need to file an H1B case in the future should make arrangements through their employers early. We at the Murthy Law Firm normally start accepting cap-subject cases in January each year, and prepare them for filing as close to April 1st as possible. With the limit on H1Bs resulting in cap number availability for only a few months each year, it is necessary to plan ahead and file early.