On April 20, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website. As of April 20, 2009, approximately 44,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS continues to accept advanced degree petitions stating that experience has shown that not all petitions received are approvable.
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On April 17, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website. As of April 13, 2009, approximately 43,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. This means that only 1000 petitions were filed in the second week. It is clear from this that most of the H-1b petitions were filed on April 1 and the cases filed now are only residual cases. We therefore expect the quota to be open for some time. If you are an IT Staffing company, we suggest that you file your H-1's once you obtain a work order and contract for your employee as you now have the luxury of waiting for the same.
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Recently, the U.S. Department of Labor (DOL) has announced its intention to make procedural changes to the labor condition application (LCA) process. An approved LCA document must be received from the DOL before an H-1B petition can be filed with USCIS. Under the new procedures, LCA issuance is expected to take up to 7 days, or possibly longer, to allow the DOL to provide closer scrutiny to applications submitted. This new system is staring on April 15, 2009. We are not aware of the quota situation, we do not think the quota will be filled immediately but it is difficult to predict how long the quota will last.
Because of the above situation, we in our office have decided to file all the cases in the first week of April. If you want to ensure that you case goes out in this time period, it is important that you send us all the cases as soon as possible and no later than March 27th, as we also have to get an educational evaluations in some cases. Case that we receive after that will be filed on a first come first serve basis and we do not guarantee that they will make it for the quota.
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The quota is likely to get over on the first day
that it opens up i.e. April 1, 2008. This is based on predictions from
previous years work flow and an indication given by the USCIS on this
subject.
As you know, thousands of applications will be prepared and
submitted in the month of March. To ensure that your case reaches on
time and is done properly with all the necessary documentation
enclosed, we urge all of you to give us the documents before March
15th. Giving us cases in the last minute will not guarantee that they
will be filed on time and we will be forced to send out skeleton
petitions which might lead to the denial of your case.
Please ensure that on all cases the H-1b checklist is filled out. http://www.reddyesq.com/checklist.html
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