Rumor Falsely Indicates More FY2007 H1B Numbers
Posted Sep 15, 2006
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There appears to be a rumor circulating on the Internet that there will be an additional 85,000 H1B cap numbers available as of October 1, 2006. There is at least one company marketing services to help people locate H1B jobs and obtain these nonexistent H1B cap numbers. This is simply a rumor. There are no new, additional H1B numbers available for filing from October 1, 2006.
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Possible Reason for Confusion
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The basis of this rumor and marketing effort may be the fact that the new H1B numbers are allocated at the start of each fiscal year. Since the 2007 fiscal year (FY) starts on October 1, 2006, the law allows that new H1B numbers will be issued from that date. This is, theoretically, correct; but these H1B numbers were already used up before October 1, 2006. We warn our readers, therefore, to avoid being taken in by this misinformation.
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As regular MurthyDotCom and MurthyBulletin readers are well aware, H1B cap numbers can be requested six months in advance. Therefore, the filing for the FY2007 cap numbers started on April 1, 2006. All of the cap numbers for FY2007 were allocated well in advance of the October 1, 2006 start date of the 2007 fiscal year. The "regular" cap was reached on May 26, 2006. The advanced-degree cap was reached on July 26, 2006. We reported these cap counts in numerous articles published between April and August 2006. These can be found on MurthyDotCom.
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Annual H1B Quotas
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Unless and until there is a change in the law increasing the annual allotted H1B quota of 65,000 for the regular H1B cap cases and 20,000 for the advanced-degree quota, there are no more H1B numbers available until the next fiscal year. The next fiscal year starts October 1, 2007. These cases for FY2008 can be filed as early as April 1, 2007, or thereafter, as long as they are available. Savvy employers will file their H1B petitions as close to April 1, 2007 as possible.
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At the Murthy Law Firm, we receive many questions about the possibility of an increase in the H1B quota. As stated, any such change would require a change in the law. Should Congress pass legislation to enable this, and the president to sign it into law, or if we believed that a change of this magnitude was imminent, our MurthyDotCom and MurthyBulletin readers would be informed immediately. While changes in the law are always possible, plans should not be made based upon an assumption that the H1B cap numbers will increase.
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Conclusion
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Please double check information - especially when it seems too good to be true. News of this nature should appear on the more reliable sources, like MurthyDotCom and reputed media sites. We strive to provide the latest, most accurate information to help the immigrant community.