10/04/2004 IMMIGRATION ALERT
H-1B CAP REACHED

 

On Friday night, October 1, 2004, the CIS announced that it has enough H-1(b) cases in the pipeline to meet the FY 2005 H-1(b) quota.  All cap-subject cases received after the end of the business day October 1 will be returned.

 

Any cases which are subject to the cap  will  be put on hold until October 1, 2005 although they may be filed as soon as April 1, 2005.  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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