H1B Cap Likely to be Reached Soon!
Posted Aug 05, 2005
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The U.S. Citizenship and Immigration Services (USCIS) provided updated information on August 1, 2005 regarding the number of H1B filings that have been made to date. That number, for cases filed against the Fiscal Year (FY) 2006 cap, was 47,395, based upon a count made on July 26, 2005. The day after the announcement, on August 2, 2005, the USCIS posted an updated status chart on their website. This newer information, showing the count as of July 31, 2005, reflects almost 2000 additional filings. Thus, there are significantly fewer H1Bs available for FY2006.
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Those following this issue should check the chart for possible periodic updates. This chart is a new piece of information that was not previously available. The count on August 2, 2005 indicated that 49,040 H1B petitions had been filed against the FY2006 cap. This suggests that the number of cases filed per day is increasing, and that the cap is getting close to being reached. As of this writing, there are still H1B numbers available. It is best to file FY2006 cap-subject cases as soon as possible, however, to avoid the possibility that the cap will be reached before one's case is filed.
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Analysis of the FY2006 H1B Filings
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The 49,040 figure issued on August 2, 2005, represents a significant increase in filings when compared to information issued just over a month earlier. The information we received in late June 2005 was that, as of that time, 27,300 cases had been filed against the cap. Therefore, over 20,000 new H1B cap-subject cases were filed in the month of July 2005. Accordingly, just over 9,000 cap numbers remain under the "regular" cap. (Any Chile / Singapore numbers that are unused in FY2006 will be made available for FY2007.) If the filings continue at this rate, the cap could be reached in early August. Of course, news of this nature only fuels additional H1B filings, which may cause the cap to be reached within days.
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Advanced Degree H1Bs Still Available for FY2005
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Only about one half of the numbers for the advanced degree H1Bs (U.S. masters' degrees or above), have been used for FY2005. These 20,000 H1B exemptions became available on May 5, 2005. As of the most recent information, 10,150 cases have been filed under this category. Accordingly, H1B numbers still exist for anyone who meets the U.S. master's or higher degree requirement. These cases can have an immediate start date and the person does not need to wait until the beginning of FY2006, October 1, 2005, to start working.
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Advanced Degree H1Bs under FY2006 Quota
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The USCIS released information that there have been 7,884 new H1B petitions filed against the 20,000 exemptions for people with U.S. masters' degrees or above available for FY2006. These cases must have a start date on or after October 1, 2005.
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Conclusion
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This news is obviously significant for the immigration community and those employers in need of H1B workers. It is very important for foreign nationals whose F-1 OPT or J-1 status is expiring or will expire during FY2006. There is no real-time count of H1B case filings. This chart is the closest count available. There is, therefore, no guarantee that there will be any further update or notification prior to the time when the H1B cap has been reached. In the past, we have received information indicating that the cap is very close to being reached, but there is not always enough lead time to file a case and beat the cap. Anyone who is unclear as to what this means to his or her case should speak with an experienced immigration attorney and prepare to provide all the information and file at the earliest.
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