Masters Numbers Still Available for H1Bs
Posted Sep 30, 2005
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The USCIS updated the "cap count" for H1B filings made against the special 20,000 cap exemptions for individuals with U.S. advanced degrees. An advanced degree is defined as a master's degree or above. The most recent information reflects that, as of September 19, 2005, there are just over 7,000 H1B numbers remaining in Fiscal Year (FY) 2005 and 7,000 in FY2006. FY2005 ends on September 30, 2005. FY2006 starts on October 1, 2005.
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H1B Filings for FY2006 So Far
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What this means is that, even though the general H1B cap for FY2006 was reached on August 10, 2005, there are still numbers available for individuals with advanced degrees. For FY2006, as of the latest information, 12,439 cases had been either filed or approved against the 20,000 total. The filings for these numbers started on April 1, 2005; six months ahead of the start of the new 2006 fiscal year (October 1, 2005), as is allowed in H1B filings.
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What is the Prediction of Future Availability in this Category?
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There is no way to know how much longer these H1B numbers for advanced degree holders will remain available. It is always best to file as soon as possible to increase the chance of filing under this benefit. It is necessary to actually have completed the degree requirements as of the time of filing. It is not necessary to possess the physical diploma, but there must be proof from the college or university that all of the requirements have been met.
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We at The Law Office of Sheela Murthy will continue to monitor this matter and update MurthyDotCom and MurthyBulletin readers if new "count" information becomes available.