Tuesday, April 3, 2007

And they're gone (H-1Bs)

It appears that the fiscal year 2008 H-1B cap was reached on the 1st day. Geez... I posted an excerpt from the press release below.


WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008). USCIS will use a random selection process (described below) for all cap-subject filings received on April 2, 2007 and April 3, 2007. USCIS will reject and return along with filing fee(s) all petitions received on those days that are not randomly selected.

Cap Procedures: In keeping with USCIS regulations, USCIS will use the following process to handle

H-1B petitions subject to the FY 2008 cap:

· USCIS has determined that as of April 2, 2007, it had received enough H-1B petitions to reach the FY 2008 H-1B cap and has set the "final receipt date" as April 2, 2007. [But the final receipt date is actually April 3rd. Thus the quotation marks. Why say April 2nd when you mean April 3rd?]

· In keeping with its regulations, USCIS will subject H-1B petitions received on the "final receipt date" and the following day to a computer-generated random selection process. [Again with the quotation marks. I get it. The CIS "totally" knows what its doing.]

· USCIS will reject all cap-subject H-1B petitions for FY 2008 received on or after Wednesday, April 4, 2007.

· USCIS will reject and return along with the filing fee(s) all cap-subject H-1B petitions that are not randomly selected. [Our clients will probably blame us if their cases are not randomly selected because that's what they seem to do.]

· Petitioners may re-submit petitions on April 1, 2008 when H-1B visas become available for FY 2009. This is the earliest date for which an employer may file a petition requesting FY 2009 H-1B employment with a start date of October 1, 2008. [Oh, how generous and forward looking of the government.]

As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions. [Holy crap!] USCIS must perform initial data entry for all filings received on April 2 and April 3 prior to conducting the random selection process. In light of the high volume of filings, USCIS will not be able to conduct the random selection for several weeks.

In order to fully utilize its data entry and initial processing capacity, USCIS may choose to distribute filings received at one service center to other service centers for data entry. In the event that USCIS exercises this option, petitioners may receive receipt notices or other correspondence from a service center other than the one to which the H-1B submission was sent. USCIS advices employers that there is no need for concern should that occur and that there is no need to contact USCIS. [Don't call us, we'll call you.]


Achilles said...

Ohh..These H1-B's are breaking records every year it seems. I got mine last year and that time it got exhausted around May 15, but this year only in 3 days...i believe you would have had real tough time, filing those applications.....
Btw, which scholl have you finally decided to join this fall, or are you still weighing your options..

HairTwirler said...

I'm pretty settled but I'll wait until I've sent in my check to post about it! I'm letting my $1000 gather interest for as long as possible.

Achilles said...

Ok, thats perfectly alright....well, i have guessed which program u must have chosen, guessed it after reading your blog...lets see if i will be right when you post your decision :)