USCIS recently issued an update in the H-1B cap petitions received so far and are either pending or approved. As of April 22, 2010, USCIS received 16,025 regular H-1B cap petitions plus an additional 6,739 petitions for the H-1B master's cap (for individuals with higher U.S. degrees).
The number of H-1B petitions filed continue to trickle down very slowly due to the economic situation and many employers that are now prohibited from filing due to the Neufeld memo. Additional updates will be forthcoming...
Monday, April 26, 2010
Monday, April 12, 2010
USCIS FAQ ON EXTENSION OF CAP-GAP AND OPT FOR F-1 STUDENTS
USCIS recently issued its FAQ on cap-gap protection for F-1 students lawfully present in the U.S. who file for a change of status from F-1 to H-1B for Fiscal Year 2011.
The cap-gap problem stems from the time difference between the H-1B start time and the students' OPT (Optional Practical Training) times. The H-1B visa first becomes available based on on the government fiscal year (which start every year from October 1 to September 30 the following year). H-1B visas can be filed up to 6 months in advance (April 1). However, the student school year usually ends in May for the majority of the students. Once the students graduate, and apply for their OPTs prior to graduation, their OPT expire within one year, usually between May and July, depending on the end of the school year. That leaves a gap between these dates and October 1 where the H-1B starts.
In the past USCIS did not accommodate cap-gap situations, however it now does. USCIS allows F-1 students to avoid the cap-gap situation when an H-1B petition is filed for them and approved for change of status. This automatic extension provides the student continuous status throughout the start date of their H-1B visas, as well as continued employment authorization under their OPT. This terminates upon rejection, denial or revocation of the H-1B petition or for people who violate their status.
Based on this guidance, students can request their schools to update their I-20 forms to allow for the extension throughout September 30, 2010.
The entire FAQ is available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD
The cap-gap problem stems from the time difference between the H-1B start time and the students' OPT (Optional Practical Training) times. The H-1B visa first becomes available based on on the government fiscal year (which start every year from October 1 to September 30 the following year). H-1B visas can be filed up to 6 months in advance (April 1). However, the student school year usually ends in May for the majority of the students. Once the students graduate, and apply for their OPTs prior to graduation, their OPT expire within one year, usually between May and July, depending on the end of the school year. That leaves a gap between these dates and October 1 where the H-1B starts.
In the past USCIS did not accommodate cap-gap situations, however it now does. USCIS allows F-1 students to avoid the cap-gap situation when an H-1B petition is filed for them and approved for change of status. This automatic extension provides the student continuous status throughout the start date of their H-1B visas, as well as continued employment authorization under their OPT. This terminates upon rejection, denial or revocation of the H-1B petition or for people who violate their status.
Based on this guidance, students can request their schools to update their I-20 forms to allow for the extension throughout September 30, 2010.
The entire FAQ is available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD
USCIS UPDATES H-1B CAP COUNT FOR APRIL 8 -- AT 13,500
USCIS announced that as of April 8, 2010, it has received approximately 13,500 H-1B petitions counting toward the 65,000 cap and approximately 5,600 petitions for individuals with U.S. advanced degrees. Therefore, the H-1B season is still open and USCIS will continue to accept the H-1B petitions until the cap is reached.
A sluggish economy and many available American workers who were laid off are probably the culprit for the low usage. At the same time, the recent Neufeld memo restricting the IT consulting companies from sponsoring H-1B visas has probably hurt many of these companies and restricted their sponsorship abilities.
A sluggish economy and many available American workers who were laid off are probably the culprit for the low usage. At the same time, the recent Neufeld memo restricting the IT consulting companies from sponsoring H-1B visas has probably hurt many of these companies and restricted their sponsorship abilities.
Friday, April 9, 2010
VSC RECEIVED 9,525 CAP SUBJECT H-1B PETITIONS AS OF 4/5/2010
USCIS confirmed at the Vermont Service Center Stakeholder meeting on Tuesday, April 6, 2010, that as of close of business on Monday, April 5, 2010, VSC has received a total of 9,525 cap-subject H-1B petitions. Out of those, 6,891 under the regular cap and 2,734 under the master's cap.
VSC also confirmed that the receipting date of all applications prior to April 7 will be April 7th, which is the same date where the 15-day premium processing clock will start.
While the numbers quoted above do not include the CSC intake, which has not yet been made available, this is encouraging news that the cap was not completely maximized and there are still available visa numbers for those interested in filing.
VSC also confirmed that the receipting date of all applications prior to April 7 will be April 7th, which is the same date where the 15-day premium processing clock will start.
While the numbers quoted above do not include the CSC intake, which has not yet been made available, this is encouraging news that the cap was not completely maximized and there are still available visa numbers for those interested in filing.
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