H-1B FY2005 Cap Reached Oct. 1

Old Oct 8th 2004, 10:17 am
  #1  
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Default H-1B FY2005 Cap Reached Oct. 1

On October 1, USCIS announced that it has received enough H-1B petitions to meet the cap for Fiscal Year 2005 (Oct 1, 2004 - Sept 30, 2005). USCIS will process cap-subject petitions received by the end of the business day on October 1. Cap-subject petitions received after that will be rejected and returned to the petitioner. USCIS also announced that it will begin accepting H-1B petitions for FY 2006 on April 1, 2005. Those petitions will have to request that the H-1B employment begin on or after October 1, 2005 (the start of FY 2006).

Please note that nothing is ever certain in the world of H-1Bs, or with USCIS in general. Around September 23 USCIS told the American Immigration Lawyers Association (AILA) that it would be "several weeks" before the cap would be filled. Instead, those "several" weeks ended up being just one week. AILA and other immigration interest groups are lobbying Congress to make more H-1Bs available this year (FY 2005). Hopefully some influential U.S. businesses will join in that effort, with the result that Congress will take action. Something we might hope for, but not count on, but it could be worth monitoring.
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Old Oct 12th 2004, 1:52 am
  #2  
RBayram
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Default Re: H-1B FY2005 Cap Reached Oct. 1

Where can we check the updates on this issue.?

By the time me and my company were ready to file my H1-B
petition, the quotas filled. ( My OPT started on Feb 2004
and I started my current job at Aug 15) As of now, I guess
it is the only way for me to continue working for my current employer,
since my opt will end at Feb 2005.

And On the other note, may there be a possibility to get an OPT
extension. If yes, say, we filed the petition on April 1,
can continue working during that perion?

P.S My F-1 will expire on Dec 04.

Thanks,

Yours truly,
Rob
 
Old Oct 12th 2004, 10:32 am
  #3  
J. J. Farrell
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Default Re: H-1B FY2005 Cap Reached Oct. 1

[email protected] (RBayram) wrote in message news:<[email protected] om>...
    > Where can we check the updates on this issue.?

What updates? The cap has been reached, end of story.

I suppose you could watch the doings of Congress and the
President to see if a law gets implemented to raise the
cap. I wouldn't expect to see anything on this until after
the Presidential election, if at all.
 
Old Oct 12th 2004, 6:17 pm
  #4  
Ingo Pakleppa - see web site for email
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Default Re: H-1B FY2005 Cap Reached Oct. 1

On Tue, 12 Oct 2004 06:52:50 -0700, RBayram wrote:

    > Where can we check the updates on this issue.?
    >
    > By the time me and my company were ready to file my H1-B petition, the
    > quotas filled. ( My OPT started on Feb 2004 and I started my current job
    > at Aug 15) As of now, I guess it is the only way for me to continue
    > working for my current employer, since my opt will end at Feb 2005.

Unfortunately, likely that's going to be the end of the road for you. You
would likely have to leave the US in Feb 2005. The only exception is if
the employer somehow manages to get a Labor Certification approved that
quickly, and you filed a Green Card application (I-485) in time. That is
not likely to succeed, though.

    > And On the other note, may there be a possibility to get an OPT
    > extension.

Unfortunately, 12 months is the maximum.

    > If yes, say, we filed the petition on April 1, can continue working
    > during that perion?

No. You would be out of status if you worked past Feb 2005 or remained in
the US past April (60 days after the OPT expires).

    > P.S My F-1 will expire on Dec 04.

What do you mean by that? How can it expire in December if your OPT is
good until February? Does your I-94 specify a date in December? In that
case, you would have to apply for an extension to even be able to continue
until February. You should consult your international student advisor for
clarification.

If it is your visa that expires, you don't have to worry about it, that
has no meaning inside the USA. For the difference between visa and status,
please see my Web site at http://www.kkeane.com

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