May 26, 2006 H1B Cap Cases Still Unresolved Posted Jun 30, 2006 ©MurthyDotCom The U.S. Citizenship and Immigration Services (USCIS) has reported that all H1B cases received on May 26, 2006 were receipted. Therefore, persons who received a receipt number for a standard H1B cap-subject case received at the USCIS on May 26, 2006 should not assume that these cases will be processed. ©MurthyDotCom Random Lottery for May 26, 2006 Cases ©MurthyDotCom The random lottery selection to determine which cases would not be given H1B cap numbers could only occur after the cases were all entered and receipted. Although indications are that most cases filed on May 26, 2006 will be processed, there are about 90 to 100 cases that will not be selected, as we reported in our June 23, 2006 MurthyBulletin article, H1B Cap : Status of Random Selection & Advanced Degree Cap, available on MurthyDotCom. While most of the cases filed on May 26th, will obtain H1Bs under the Fiscal Year (FY) 2007 quota, the USCIS will need to reject approximately 90 to 100 cases that were filed on that date, based on results of the random lottery. They did not set a date for notifying petitioners in the rejected cases, but stated that it would be in the near future. ©MurthyDotCom Cases Received at USCIS after May 26, 2006 ©MurthyDotCom Accordingly, those who may have been issued receipt notices for cases that reached the USCIS after May 26, 2006 definitely will not be processed under the FY2007 H1B quota for the regular H1B cap numbers. Only if the USCIS were to announce that more H1B numbers were made available under the FY2007 H1B quota due to possible non-usage of the Chile or Singapore H1B quota or the denial or revocation of many H1Bs filed under the cap, would there be potential for a change in outcome. ©MurthyDotCom Other Possible Options for Those Who Missed the Cap ©MurthyDotCom Those who did not make it under the H1B regular quota for FY2007 should consider other alternatives, like the F-1 to study full time, the J-1 to work in an international cultural exchange program, the O-1 for outstanding researchers or scholars; or the L-1 to work for a related company, if one has the qualifying experience abroad as an intra-company transferee or intra-company executive or manager. Some others, unfortunately, may need to consider returning to their home countries to file regular cap-subject H1B cases under next fiscal year's quota, on or after April 1, 2007, with a start date on or after Oct 1, 2007. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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