NewsFlash! H-1 Cap Reached on May 26, 2006! Posted Jun 01, 2006  ©MurthyDotCom The USCIS announced on June 1, 2006 that the regular H-1 cap for Fiscal Year 2007 (FY2007) was reached on May 26, 2006. Those cases properly filed with the USCIS before the 26th are safe, with respect to the cap, as there are enough cap numbers for these cases. Cases that reached the USCIS on May 26th are in an uncertain situation and will be subject to a random selection process, as there are enough numbers for some, but not all of the May 26th cases. Any regular cap-subject cases received after May 26th will be rejected entirely. This information does NOT impact advanced degree cases, for which cap numbers are still available.  ©MurthyDotCom Set Aside  ©MurthyDotCom There will not be any more regular cap numbers available for FY2007 from unused Chile / Singapore H1B1 numbers. A portion of the regular H-1 cap numbers is allocated for Chile and Singapore nationals under trade agreements. Any unused Chile / Singapore numbers are to be used within the first 45 days of the next fiscal year. According to the June 1st cap announcement, the USCIS already added the unused FY2006 H1B1 numbers into those available for FY2007, based upon projections. The USCIS indicated that that this brought the actual cap numbers generally available under the regular cap for FY2007 to 64,300.  ©MurthyDotCom Random Selection  ©MurthyDotCom Cases received on May 26th will be selected for cap numbers on a computer-generated basis. Those cases that are not randomly selected will be rejected and returned along with the filing fees. HOWEVER, we note that in FY2006, the USCIS issued receipts for cases filed on the last day, and then later notified the applicants that they were not selected. Thus, it is not safe to assume that a case has been selected simply based upon issuance of a receipt notice.  ©MurthyDotCom Re-Submission  ©MurthyDotCom Those persons with cases that did not meet the cap will not be able to file new cap-subject cases until FY2008. FY2008 begins on October 1, 2007; filings will begin on April 1, 2007. Of course, in order to remain in the U.S. until the next FY, it will be necessary to have a legal status in the interim.  ©MurthyDotCom Surprise  ©MurthyDotCom While the cap announcement did not come as a surprise, it is a bit perplexing that it was met as of May 26, 2006. The USCIS had issued an updated cap count on May 25th indicating that just under 50,000 cases had been filed against the regular cap. Thus, in order for the cap to have been met on the next day, given the inclusion of Chile / Singapore numbers, more than 14,000 cases would have had to have filed on May 26th. This is rather remarkable, given the numbers of cases per day reported to have been filed during the filing period.  ©MurthyDotCom Conclusion  ©MurthyDotCom The H-1 cap has, yet again, been met months before the beginning of the Fiscal Year. This demonstrates the clear insufficiency of the cap limits to meet the demands of U.S. employers. We at the Murthy Law Firm hope that Congress takes note of this in the ongoing immigration reform debates. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.