H1B Cap : Status of Random Selection & Advanced Degree Cap
Posted Jun 23, 2006
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The USCIS provided updated information on various H1B cap matters in mid/late June, 2006. They announced the completion of the "random lottery" of regular H1B cap-subject cases that were filed on the last day, May 26, 2006, when the regular H1B quota was met for fiscal year (FY) 2007. The news appears to be good on the outset. Cap numbers seem to be available for a majority of the cases filed on that date, according to the USCIS. They also provided updated advanced degree cap information, reflecting that fewer than half of these numbers remain available for FY2007.
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H1B Regular Cap-Subject Cases Filed on May 26, 2006
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As readers of MurthyDotCom and the MurthyBulletin are aware, the regular H1B cap for FY2007 was reached on May 26, 2006. [Our June 1, 2006 NewsFlash! H1B Cap Reached on May 26, 2006! is available on MurthyDotCom.] As explained in that article, there were not enough H1B cap numbers for all of the cases filed on May 26, 2006. Therefore, as in the previous year, the cap numbers are being allocated by a random lottery. This leaves everyone with a May 26^th case uncertain as to his or her own situation.
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Fortunately, it appears that most of the May 26^th cases will fall within the FY2007 cap. The USCIS announced that there are sufficient H1B numbers available for all but approximately 90 to 100 of the cases filed on May 26, 2006. The lottery selection process has been completed.
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Procedure for Returning Rejected Cases
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The USCIS intends to return the filing fees for the cases that were not selected in the random lottery. They are going to retain the 90 to 100 files, however, until there is a final cap number, once all cap cases are completed. If there are still some cap numbers available, because of denials or other factors, they will contact the petitioners who are among these 90 to 100 cases to see if they want to resume the processing of their cases. It will be necessary, in that event, to resubmit the fees.
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Regular H1B Cap-Subject Cases Filed after May 26th
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All regular cap-subject H1B cases, filed after May 26, 2006, will be rejected and fees returned. The USCIS will retain an electronic record of these filings, however, in the event that numbers become available from those set aside for Chile and Singapore. It is not advisable to rely upon this possibility, however. Those whose cases reached the USCIS after May 26^th should devise immigration strategies that presume they will not obtain a cap-subject H1B in FY2007. They should expect it to be necessary to file new H1Bs sometime around April 2007, with start dates of October 1, 2007 or later for FY2008.
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U.S. Advanced Degree H1B Numbers
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A June 22^nd USCIS update included information on H1B advanced degree cap number usage for FY2007. As of June 20, 2006, there were 10,261 advanced degree cases  filed against the FY2007 cap for this particular type of case. The cap chart now carries a footnote, however, indicating that this number reflects only petitions that have been receipted. The USCIS reports that 500 additional advanced degree cases have been identified, but have yet to be receipted. Additionally, there are another 1,800 petitions that have not yet been sorted.
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Conclusion
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If one can find a silver lining in the black cloud of the H1B quota having been met even before the start of the fiscal year, it might be relief that most of the regular H1B cap-subject petitions that were filed on May 26, 2006, will be accepted under the FY2007 regular quota. Of course, this is no solace for those who will receive rejections for cases filed on or after that date. We appreciate the USCIS advanced degree cap update and, for the many completing coursework at this time, we hope that the numbers continue to be available. We at the Murthy Law Firm are following these matters closely and will inform MurthyDotCom and MurthyBulletin readers of further developments.