H-1B deadline for 2008.

[LytSlpr]

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H-1B deadline for 2008.
by Robert L. Reeves
Sun Star Daily Cebu


THE immigration community is bracing itself for a historical and unprecedented exhaustion of the H-1B cap. Employers can petition H-1B workers for the Oct. 1, 2008 start date beginning April 1, 2008.

The 65,000 visa numbers are expected to be exhausted within the first day of April because demand is so high. We anticipate that the 65,000 visas will be exhausted on opening day. Petitioners cannot wait and must be ready to file on April 1 to have a chance at obtaining an H-1B visa number.

Last year, Bill Gates testified at Congressional hearings urging that the cap be eliminated entirely and that an infinite number of H-1Bs be available. Sen. Judd Gregg (R-N.H.) said he “agreed 100 percent” that there shouldn’t be a limit on the number of highly skilled people in the country, but he suggested Congress might not be able to do more than double the quota.

Until Congress acts to increase the quota, employers and H-1B workers will have to scramble for the visa numbers as soon as they become available. The USCIS has informed the public that it will not accept any applications received earlier that April 1, 2008 and reject those filed before the start date.

Because the filing date is approaching, and the quota is expected to be reached in the opening day of availability, H-1B petition preparation should start now.

Those people looking for petitioners should intensify their job search right now to ensure sufficient time for an H-1B petition to be prepared for filing by April 1.

Below are some frequently asked questions we have received about the H-1B cap.

What does it mean when the H-1B cap is reached?

This means that if an employer is petitioning to change your status to H-1B (for example from student or tourist status to H-1B), and the petition is received after the cap is met, the change of status cannot be granted.

If I get an Oct. 1, 2008 start date, will I be able to remain in the US legally?

You will only be able to remain in the US if the previous status you were admitted in was valid until Oct. 1, 2008. For example if you entered as a tourist and your I-94 card said your status was valid until Oct. 1, 2008 or later, you would be able to remain in the US. You will not be allowed to work until Oct. 1, 2008 and only if you were granted a “change of status” as well.

For students who are changing status to H-1B, the situation may be different. In the past, the legacy INS passed a regulation allowing students who just graduated to remain in the US and start working on Oct 1. It is unknown if the USCIS will provide the same benefit this time.

I am in H-1B status now and I have filed an extension or I will be filing an extension. Will I be in danger of missing the cap? Will I go out of status?

No. The H-1B cap only applies to new H-1B petitions. If an employee is already in H-1B status and is being petitioned by the same employer or even a new employer, that employee is not subject to the cap.

I am not in H-1B status now. There is an employer who is willing to sponsor me. What should I do with the cap end approaching?

You should begin processing the H-1B petition as soon as possible.

[Rance]

Ohh here we go again.. let the lottery begin

[vern]

Where are the Comp Sci scientists from CDC lololol.

[cebu-future]

Well there are other countries in the world who needs skilled workers.

[Rance]

Where are the Comp Sci scientists from CDC lololol.

where are the nursing grads from STI??

Well there are other countries in the world who needs skilled workers.

Yes other countires needs skilled workers joo but you can't have American dreams in New Zealand or Australia right?.. so hurry up enroll now and apply for H1B hehe

[sassy_jihye]

kailangan abtik jud inyong immigration lawyers.. pag-april, submit jud dayon...

[solenne]

US government should find a way to increase the cap for H1B. Last year, an overflow of H1B applications were received on the first day of filing (murag 150K unique applications ata to) prompting them to randomly select the applications via lottery. I fear that the same scenario will happen again this coming April 1 because of retrogression. God knows when it will be lifted! Many employers who initially petitioned their prospective employees through I-140 are now eyeing to file them for H1B visa. Samot kadaghan ang mga applications ani!!!

Two ways that will hasten the realization of your (our) American Dream:

1. Find a non cap employer. This type of employer is not subject to the 65,000 cap and can petition you anytime. TAT for this, provided all the papers are in order, is 6-8 weeks! Ganahan ka ana? Perti jud! Too bad mine is not cap-exempt... Pero cge lang, bawion na lang nako sa prayers. hehehe

2. Marry an American citizen. Scary ba? Personally, I think it's scary especially if the person you intend to marry is a virtual stranger. Basin ma headline na lang niya ta or ma feature sa FOX CRIME. hehehe. I'm not sure about the TAT for fiancee visa or spouse visa. All im sure of is dali ra jud kaayo ang processing ani.

Take your pick...

[Rance]

3-19-08 INTERIM RULE REGARDING H1B ANNOUNCED BY USCIS!!!

The CIS announced an interim rule on H1b visas today which modifies the selection process and prohibits multiple filings. Highlights of the rule are:

--The CIS will deny or revoke multiple petitions filed by an employer for the same H1b worker and will not refund the filing fees submitted with the multiple or duplicative petitions. The one exception to this is in the case of related employers (for example, parent & subsidiary) who would be allowed to file separate petitions for the same employee.

--If the CIS receives enough applications to fill the quota on any day within the first five days of the filing period, the CIS will include petitions filed in the first five business days in the lottery (previously only the applications received on the first two days were included in the lottery if the quota was reached on the first day of the filing period and only the date of receipt was subject to the lottery if the quota was reached on any day after the first day of the filing period).

--The lottery system will be changed so that the 20,000 US advanced degree cap cases (i.e. US Masters degree quota cases) are selected first. If any advanced degree cases are left after that process, they would go into the overall 65,000 general H1b quota pool.

--If an application incorrectly indicates that it is exempt for the H1b quota, the petition will be denied if no H1b visa numbers are available and the filing fees will not be returned.

THE NEW H1B FILING PERIOD WILL BEGIN 04/01/2008 FOR EMPLOYMENT BEGINNING 10/01/2008