NewsFlash! H1B Aug 10th Filings - Rejections Arriving
Posted Aug 31, 2005
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We announced on August 12, 2005 that the H1B cap for FY2006 was reached on August 10, 2005. See NewsFlash! H1B Cap for FY2006 Reached on August 10, 2005!, available on MurthyDotCom. As explained in that announcement, there were not enough cap numbers for all August 10, 2005 filings. Therefore, the H1B cap numbers for those cases would be issued based upon a random lottery system. It appears that the lottery selection is in process or has been completed. According to information from the American Immigration Lawyers Association, some attorneys have received petition rejections for August 10^th cases. That is, the USCIS has started to return the August 10^th cases that were not selected for receipt of a cap number.
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Cases with Receipt Notices Returned
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Of greatest concern is the fact that these returns reportedly include cases for which receipt notices had been issued. This is disconcerting, since, under normal circumstances, a receipt notice means that a case has been accepted for filing. The fact that a receipt notice was issued for an August 10, 2005, case apparently does not mean that the case made it under the cap or that the individual is "safe." Accordingly, those individuals with August 10^th cases still need to plan for the possibility that their cases could be rejected.
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There is no indication of what percentage or how many of the August 10^th cases ultimately will be rejected. We at The Law Office of Sheela Murthy will keep our readers apprised of any further information that becomes available on this important topic.

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