Update on FY 2006 H1B Numbers Posted Jun 17, 2005 ©MurthyDotCom The U.S. Citizenship and Immigration Services (USCIS) indicated to the American Immigration Lawyer's Association (AILA) on June 13, 2005, that the number of cap-subject Fiscal Year (FY) 2006 cases received to date is not yet enough to meet the FY2006 H1B cap. Thus far, the USCIS has received fewer H1B cases than expected. It would appear that the 20,000 cap-exempt H1B numbers available under the FY2005 quota for persons with U.S. masters' degrees or higher has helped reduce the number of cap-subject filings available so far for FY2006. ©MurthyDotCom When Does the USCIS Expect the H1B Cap to be Met for FY2006? ©MurthyDotCom Though the USCIS has received fewer cap-subject H1B cases than expected, they still believe that the FY2006 cap will be met before October 1, 2005, when FY2006 actually begins. MurthyDotCom and MurthyBulletin readers will recall that the FY2005 cap was met on the first day of the 2005 fiscal year, October 1, 2004. This is possible because H1B cases can be filed six months in advance of the requested start date. ©MurthyDotCom How Can I File before the H1B Cap is Met? ©MurthyDotCom We at The Law Office of Sheela Murthy take this opportunity to urge anyone who is able to do so to file an FY2006 H1B petition as soon as possible to avoid facing an inability to work on H1B status for almost a year. Those who were able to obtain a cap-subject H1B during FY2005 utilized the six-month advance-filing rule. The earlier one files an H1B, the better the chance of getting into the FY2006 H1B quota. It is the filing date that determines whether a petition falls within the cap, not the start date of employment. For example, if Company A files an H1B petition on September 4, 2005 for a January 1, 2006 start date and Company B files an H1B petition on September 10, 2005, for a October 1, 2005, start date, the USCIS will count Company A's petition against the cap before counting Company B's petition against the cap, simply based upon the date of filing. This typically remains true even if Company B files for premium processing but Company A does not, especially if the quota is met on September 5, 2005. ©MurthyDotCom What Can I Do about the H1B Cap? ©MurthyDotCom It is important for employers that are negatively impacted by the cap to contact their U.S. senators and representatives and share their experiences as to how the cap has affected their businesses. Otherwise, this troublesome trend may continue each year, causing revenue losses to employers and to highly skilled H1B employees seeking to work lawfully in H1B status. Employees should contact their employers to get involved as well. In order to increase or eliminate the H1B cap, the U.S. Congress must pass a bill and the President of the United States must sign it into law. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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