U.S. Citizenship and Immigration Services (USCIS) today conducted
the computer-generated random selection processes on H-1B petitions, to select which H- 1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If
approved these H-1B petitions will be eligible to receive an H-1B visa number.
Well the numbers are out, I lost my bet. I predicted 200,000 visa applications to be received. The actual numbers are lower. This reflects the low confidence employers put in this system.
U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary
number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
Talk about H1B filing nightmare. American Immigration Lawyers Association has received reports that Federal Express forwarded a number of H-1B packages to the service centers without entering the individual package into the tracking system. AILA and USCIS are discussing how to handle the situation, and USCIS is talking to Federal Express.USCIS urges filers NOT to submit duplicates of packages that are missing tracking numbers, as that could result in both applications being denied as multiple filings under the new rules.
We sent ALL our cases via FEDEX but we were able to track all of them. Let’s hope this problem will be resolved very soon. We will keep you posted.
Our Blog is being read by thousands of Media outlets across the Globe. I was happy to be quoted by ComputerWorld about the recent H1B filing madness. For 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld’s award-winning Web site (Computerworld.com), weekly publication, focused conference series and custom research form the hub of the world’s largest global IT media network.
The article covers the issues as to why is the demand for foreign workers, including skilled software developers and other IT professionals, still rising as economic conditions grow steadily worse? I have commented on the most recent changes to the H1B program and filing strategies to consider.
Click here to read the article
Yes, the big day has arrived, March 31, 2008!!! We are very excited (and exhausted), but all our cases are ready to go via FEDEX to the Vermont or Califronia Service Centers dpending on the locations of the employers. We carefully marked all the envelopes with bright markers to indicate Premium and Regular processing cases. We also rubbed each envelope with a special H1B magic potion to make sure they will be selected in the lottery-…(just kidding, April fools is tomorrow!!!)
We just learned, that USCIS indicated that only H1B petitions selected in the lottery will be issued receipt notices. Last year it was madness, some H1B petitions were issued receipts before the lottery and without consideration for whether or not they were accepted for processing. This created significant confusion and anxiety. Some petitioners who were issued the receipt notice assumed that their filings were accepted for processing when, in fact, they were refused later through the lottery. To avoid this confusion this year, the USCIS will conduct the H1B lottery before issuing receipts for H1B petitions accepted for processing for FY2009. In anticipation of the rush of cap-subject H1B filings that will begin April 1, 2008, the USCIS has alerted the U.S. Postal Service and the courier services to the increased volume of mail expected.
We wish best of luck to all the H1B visa filers this year, and we will keep you posted….
Yes the pressure is on and we are less than 7 days before the H1B filing date. Our office is open longer hours and dedicated staff members are trying to put together the cases in the most perfect order, according to the tips issued by USCIS The goal is to file on March 31, 2008 by close of business.
Here are some useful Q and A on the new rules:
What is the H-1B visa program?
The H-1B visa program is used by U.S. businesses to employ foreign workers in occupations that
require theoretical and practical application of highly specialized knowledge and a bachelor’s degree
or higher (or its equivalent), such as scientists, engineers, or computer programmers.
What is the purpose of the new rule?
The overall goal of the new rule is to promote equal opportunity for prospective petitioners seeking
visas for H-1B workers.
As we are struggling to finish processing our H1B cases and get them ready for the March 31 filing date (look I am working on Saturday night!!!), new bills were introduced that may provide relief from the Cap. Here are the bills:
Strengthening United States Technology And Innovation Now Act (H.R.5642) – (March 14, 2008)
– Would Raise H-1B Cap in Fiscal Years 2008 and 2009 to 195,000 Annually
Innovation Employment Act (H.R.5630) – (March 13, 2008)
– Would Raise H-1B Cap in Fiscal Year 2008 to 130,000
With Possible Increases Up to 180,000 in Future Years
New American Innovators Act (H.R.5634) – (March 13, 2008)
According to the American Immigration Lawyers Association, DHS/USCIS announced on a conference call on 3/19/08 that it has transmitted to the Federal Register an interim final rule regarding H-1B filing that would:
Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any “lottery” that would occur if, as expected, the number of petitions exceeds the quota.
Prohibit multiple filings from the same employer for the same employee, even if the filings are for different jobs. The one exception would be that related employers could file separate petitions for the same employee.
With only a few weeks left for filing H1B visas, we are so busy at the office with last minute filings. In the next few weeks, we will be finalizing all the cases currently open and will be accepting new cases that have a chance to be filed before the April 1 deadline. Our biggest problem is cases with foreign degrees, such degrees must be evaluated before filing, and the later we receive the degrees, the harder it will be for us to file.
Still the biggest question that clients are asking, will the Government increase visa numbers before April 1 or in the near future.
Major corporations praised a bill introduced in the U.S. Congress that would double the number of immigrant worker visas available each year under the H-1B program.
Are you feeling the H1B rush already? Our offices is extending our working hours in order to make sure that all our H1 files will be submitted in a timely fashion. So as April 1, H-1b visa application deadline approaching, IT companies are urging the government to authorize an increased number of visas to meet demand.
In just a few short weeks, the U.S. government will begin to accept applications for H-1B visas for Fiscal Year 2009. As was the case last year, not only is the annual supply of H-1B visas virtually assured to be exhausted on the very first day applications are accepted, half of those applying will lose out in the visa lottery, denying U.S. employers access to tens of thousands of highly skilled and badly needed professionals who could contribute to economic growth and job creation in this country,” Robert Hoffman, chairman of Compete America
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