USCIS REACHES FY 2008 H-1B CAP (Regular H-1B Cases)
USCIS PRESS RELEASE
April 3, 2007
USCIS REACHES FY 2008 H-1B CAP
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.
• 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.
• 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.
• 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.
As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions. 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 advises employers that there is no need for concern should that occur and that there is no need to contact USCIS.
Cap-Exempt Petitions: As directed by the H-1B Visa Reform Act of 2004, the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees are exempt from any fiscal year cap on available H-1B visas. USCIS does not yet know how many of these petitions it has received as those petitions are mixed with the cap-subject cases received on April 2 and 3. USCIS will make a future announcement regarding the "final receipt date" for these petitions.
What is the earliest date one can expect the lottery to take place?.Appreciate any response.
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It will take several weeks according to the USCIS press release
- Ashwin
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several weeks can be 4-5 or even more than that..
can u tell the probable date when we can come to know that in lottery we have got our petition accepted
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Its impossible to say; all we know at this point is that it will be "several weeks".
- Ashwin
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Does the advanced degree cap have a lottery system like the non-exempt cap?
Thanks in advance
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It will, once the USCIS has determined that it has reached the cap for that quota. We don't yet know when that will be.
- Ashwin
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Has anyone yet recieved approvals or petition receipts for their cap -subject petitions yet? Do they first let the ones selected for adjudication know ?...
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We've started to receive receipts and a few approvals (US Advanced Degree - Premium processed cases). It has been a few days now and we are hopeful that we will receive many more in the next few weeks.
- Ashwin
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all we are waiting is to know the date of lottery.
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April 12, 2007
- Ashwin
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I have received my H1B receipt.But two of my friends still did not receive it yet.They want to know if the process of random selection is over and is there a chance that they also get H1B receipt?
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We are still receiving receipts; I believe that USCIS will continue to do so until May 11, 2007.
- Ashwin
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regarding regular advance degree receipt- i filed on april 2 still waiting to receive the receipt no. little concerned. i hope i'll get it soon.
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Ask your employer to see whether its USCIS fees were cashed.
- Ashwin
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Was May 11th the last day for issuing receipts for H1B Regular Cases? or we can still hope for the receipts from USCIS
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We anticipate receiving more receipts for cases as I believe they would have been mailed out on the 11th
- Ashwin
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Is there any preferrence for late H1B applications that came last year ?
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Not that I know of
- Ashwin
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Its May 15th and I did not get any result of the petition - either acceptance or Rejection. Is anyone in the same situation?
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Please check out our newest articles; USCIS is still processing cases for the next while,
- Ashwin
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Well, its end of may, and I still didnt receive result of petition. My consultant told me that the demand draft that they gave to USCIS has got encashed, but no further communication form USCIS after that.
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Ask to see the check withdrawal statements, though this is only useful if you have a copy of the checks submitted in your application. H-1B applicants should always ask for a copy of the checks (with the check number) submitted to USCIS with their application. Many companies should presumably agree to the reasonable request.
- Ashwin
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My employer says that they have filed my H1 under masters quota on April 4 and they have not got any receipt nor their cheque was cashed or rejected. I tried contacting USCIS they say they did not find any application filed on my name .... but when i call them again they are not ready to share any kind of information with me. My employer is not ready to help me out. They are asking me to wait. Is there any way i can find out if my application was indeed filed or not?? if it was filed then how can i find out about my status without the help of employer ?? (as they are not ready to answer any questions)
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The H-1B candidate is generally in a difficult position in situations like yours since the USCIS will not communicate directly with the beneficiary, and employers don't always provide prompt updates to the candidate (try calling the company's attorney - perhaps he/she would assist you). I would also recommend trying to find out whether the checks that were submitted on your behalf were cashed.
- Ashwin
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Same case for my wife.. what company did u go through.. she had a masters degree too.. the lawyers dont even know where the application is! What was the law firm you used?
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I had posted a message regarding rejecting an H1 petition on April 2nd (under master's quota) in the lottery. I am not sure why it has not made it to the forum here. It would be very useful if you could give us some advice here. We verified the application and everything is correct. It was unfortunately put in the wrong pile when sorting. I know the advanced degree cap was open until April 30. We sent it back and it got returned as "Out of Quota". I would like some legal advice please.
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I would recommend you obtain a personal consultation with an attorney regarding your case because it is complex and requires a detailed review. All I can tell you with the limited information you have given at this point is to resend the petition with a cover letter entitled "ATTN: SUPERVISOR: DO NOT REJECT" with a clear explanation of what happened. Alternatively you can have your attorney contact the applicable Service Center Liason through the American Immigration Lawyers Association. You should keep trying to correct the USCIS mistake.
- Ashwin
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Dear Ashwin,
The attorney sent the application per your suggestion and we have finally got a receipt notice for the same. We checked online and the receipt notice was sent on Aug 16 (the application itself was received on July 25). Its been almost a month and we still have not received any intimation on the approval. Could you please advice.
Thanks
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Please call me for a consultation.
- Ashwin
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Hi Everybody,
So far I have not heard any confirmation of my case are there still some chances of getting the case selected. What is the cut off date to receive the results of lottery conducted?
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