February 13, 2004

H-1B Cap is Completely Used

Sources at US CIS have indicated that enough cap-subject H-1Bs have been approved or are in the pipeline to reach the cap for this fiscal year. We do not know this for sure as of yet, and we have no idea if any individual case (filed or to be filed) may or may not make it through for this fiscal year. There have been no formal announcements by immigration officials as of yet.

If the President does not raise the H-1B cap, it is advisable to plan and prepare to file cases against next years cap soon, so that approvals thereunder are likely. Next years cap begins on October 1, 2004, and cases counted against the same can be filed 6 months in advance, thereby precluding need to use premium processing.

In the past, many of the nonimmigrants who have filed petitions or applications to change status to H-1B, and who do not make it under the applicable annual cap, have been allowed to remain in the US while their cases are adjudicated against the next fiscal years cap. This has allowed people to cover any gap periods in status in the past, as the filing alone prior to the expiration of stay, has been sufficient. We do not know what rules may be passed in this regard this year.

Again, US CIS has made no formal announcement regarding the cap at this point, and we will pass along information as it is received.

PLEASE BE ADVISED THAT ANYONE ALREADY WORKING UNDER H-1B STATUS, IS NOT SUBJECT TO THE H-1B CAP.

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