H-1B CAP NOT MET AS OF APRIL 21, 2009
Apr 25th 2009, 10:44 pm
#1
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H-1B CAP NOT MET AS OF APRIL 21, 2009
USCIS Continues to Accept FY 2010 H-1B Petitions
Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the "final receipt date"), the respective FY 2010 H-1B caps have been met. The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked. The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.
To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.
Attorney Pai reads the sentence in red as meaning that H-1B petitions received from April 1 through 21, 2009 are considered received for processing and only those petitions received on the last day of acceptance (tbd) may be subject to an H-1B Lottery. Good news for those who have filed their cap-subject petitions!!!
Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the "final receipt date"), the respective FY 2010 H-1B caps have been met. The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked. The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.
To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.
Attorney Pai reads the sentence in red as meaning that H-1B petitions received from April 1 through 21, 2009 are considered received for processing and only those petitions received on the last day of acceptance (tbd) may be subject to an H-1B Lottery. Good news for those who have filed their cap-subject petitions!!!
Apr 26th 2009, 12:34 am
#2
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
I thought the cap was 65,000?
Apr 27th 2009, 6:04 am
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
Apr 27th 2009, 12:42 pm
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
66.000 takes into account the estimated # of leftover H1B1s from FY 2009.
Apr 29th 2009, 1:12 pm
#5
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
Not quite true. The visas reserved for citizens from Singapore are the H1B1 visas. These are non migrant visas unlike the H1B. Its for this very reason that these visas are usually not filled up. In the case of the 65,000 H1B visas, there are no reservations for any particular country.
Apr 29th 2009, 4:30 pm
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
From USCIS' Website Re H-1B1 Visas
An H-1B1 is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor's degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update [April 27, 2009].
Note: The H-1B1 is very similar to an H-1B but is reserved just for citizens of Singapore (5,400 H-1B1s) and Chile (1,400 H-1B1s) pursuant to Free Trade Agreements the U.S. reached with those particular countries in 2003. H-1B1s are different from H-1Bs in that they can be renewed indefinitely but there can be no dual intent. This means, like the TN (for Mexicans and Canadians) and the E-3 for Australians, the visa holder must show they have "non-immigrant intent" i.e., they plan to return to their home country following completion of the H-1B1, TN, or E-3 job. However, under the H-1B, which is also technically a "non-immigrant" visa, you may pursue permanent residency while working in a temporary capacity. This allowance of two opposing intentions is the counter-intuitive doctrine of "dual intent." So, you may have dual intent under the H-1B but not under the H-1B1, the TN, or the E-3.
An H-1B1 is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor's degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update [April 27, 2009].
Note: The H-1B1 is very similar to an H-1B but is reserved just for citizens of Singapore (5,400 H-1B1s) and Chile (1,400 H-1B1s) pursuant to Free Trade Agreements the U.S. reached with those particular countries in 2003. H-1B1s are different from H-1Bs in that they can be renewed indefinitely but there can be no dual intent. This means, like the TN (for Mexicans and Canadians) and the E-3 for Australians, the visa holder must show they have "non-immigrant intent" i.e., they plan to return to their home country following completion of the H-1B1, TN, or E-3 job. However, under the H-1B, which is also technically a "non-immigrant" visa, you may pursue permanent residency while working in a temporary capacity. This allowance of two opposing intentions is the counter-intuitive doctrine of "dual intent." So, you may have dual intent under the H-1B but not under the H-1B1, the TN, or the E-3.
Apr 30th 2009, 11:50 am
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Re: H-1B CAP NOT MET AS OF APRIL 21, 2009
Preceisely as I've stated. The visas reserved for Singaporeans and Chile nationals are H1B1 visas. These are non migrant visas so a person from Singapore who intends to work temporarily in the US can apply for this visa (or rather, his employer for that matter). He can't apply for a green card however. Its for this very reason that very few tend to take up this visa. On the other hand, if the visa offers green card privileges, bet you that these visas will get filled up on day 1 just like the H1Bs. There are no reservations for H1B visa however.
