New H1B Cap Filings from April 2006 Onwards
Posted Mar 31, 2006
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We remind MurthyDotCom and MurthyBulletin readers that cap-subject H1B cases may be filed for Fiscal Year 2007 (FY2007) as early as April 1, 2006. These cases should request a start date no earlier than October 1, 2006, as FY2007 begins on that date. Regular readers will recall that an H1B case can be filed up to six months in advance of the start date. This is particularly important to students who wish to move from F-1 or J-1 Optional Practical Training (OPT) to H1B status, and for others seeking H1B status for the first time. It also applies to individuals who are changing from cap-exempt H1Bs to cap-subject H1Bs.
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Background of H1B Cap Numbers
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The H1B cap numbers are limited to 65,000. There are also 20,000 cap exemptions for people with advanced U.S. degrees, defined as masters' degrees or above, from U.S. educational institutions. Either type of case may be filed from April onwards, with an October 1st or later starting date. Timing is key, as the cap numbers are likely to run out quickly. In FY2006, the cap was reached on August 10, 2005 for the regular 65,000 numbers. The advance-degree cap numbers were reached on January 17, 2006. Employers and foreign nationals have become keenly aware of the cap limits and many make arrangements for their case filings in advance.
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Can I Send the H1B to be Received at USCIS on April 1, 2006?
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We have received inquiries as to whether a case can be filed literally on April 1, 2006. We note that cases will not actually be filed on April 1, 2006 due to logistical limitations. April 1st falls on a weekend, when the USCIS is not open. Thus, with overnight mail, the first batch of cases will be accepted at the USCIS on Monday, April 3, 2006 and Tuesday, April 4, 2006. Since this will affect everyone, no one should suffer a disadvantage.
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Should I Use Premium Processing for the H1B Filing?
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We also asked frequently about whether these new H1B cap-subject cases need to be filed using premium processing. Whether or not a case falls under the cap is based on the filing date, not approval date. Thus, premium processing does not enhance the chances of being under the cap. The only advantage of filing under premium processing is to obtain a decision within a shorter timeframe and improve one's ability to work and live in the United States.
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Conclusion
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We at the Murthy Law Firm look forward to helping many of you to file your H1B cases. It is important to file promptly, with all the required evidence at the time of filing. This increases one's chance of obtaining an earlier H1B approval.