Friday, November 18, 2011

H-1B CAP MAY BE REACHED BEFORE THE END OF NOVEMBER


MU VISA ADVISOR:   H-1B CAP MAY BE REACHED BEFORE THE END OF NOVEMBER

MU clients are urged to initiate and file any regular cap-subject H-1B cases as soon as possible.  MU now believes that the H-1B cap may be reached before the end of November.

The latest USCIS update is that 56,300 of the 65,000 regular H-1B numbers have been used as of November 14, 2011, leaving about 8,000 H-1B visas.    The demand for H-1B numbers has surged in the last few weeks.

Employees that may need an H-1B visa include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school
* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case
* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a cap exempt organization
* Prospective international employees currently living abroad

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap.  These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

The USCIS sets aside an additional 20,000 H-1B numbers for graduates of US Masters degree (or higher) programs through a program referred to as the “H-1B Masters Cap”.  The H-1B Masters Cap has been reached.  H-1B Masters Cap petitions are now also counted against the regular H-1B cap.

Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor or any other immigration issue.  If any member of your company would like to be added to the MU Visa Advisor mailing list, please contact us.

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