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02/10/2004
IMMIGRATION ALERT:
Several news sources, including
the American Immigration Lawyers Association (AILA), are reporting that
the H-1 cap is set to be reached, perhaps as soon as tomorrow February 11,
2004. This would be the earliest that the H-1 cap has been reached in
history, including the IT-boom days of the late 1990s. The H-1 cap is
65,000 per fiscal year. A fiscal year begins
each October 1. The projection includes all approved
and pending cases (i.e. filed, but not approved).
Any cases which are subject to the cap will
be put on hold until October 1, 2004. Cases subject to the cap include: New H-1s where
the candidate is off-shore New H-1s where
the candidate is currently on an F-1 student visa New H-1s where
the candidate is currently on another visa, e.g. L-1 Cases not subject
to the cap include: Extensions of
person's who hold H-1 status
Transfer cases for persons who
currently hold H-1 status with another employer
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