FLYNN & CLARK, P.C.
STEVEN A. CLARK
Headlines:
Ø
Act Quickly to File New H-1B's for
October 1, 2007 Start Date
Ø
USCIS Proposes Large Fee Increases
Ø
Change of Address Function Introduced on Web
Details. . .
Act Quickly to
File New H-1B's for October 1, 2007 Start Date
As of April 1, 2007,
we may file for new H-1B's with October 1, 2007 start dates. Prompt
filing is recommended to secure an H-1B visa number for the coming
fiscal year beginning October 1 because H-1B numbers will be used
up rapidly.
For the current year
which began October 2006, the supply of the "regular" 65,000 H-1B visa
numbers ran out on May 27, 2006, even before the fiscal year began. It
is widely expected that the supply of numbers for the coming year will
also be exhausted quickly. Please provide us with your cases by March
15, 2007 so that we can act quickly to provide you with the best chance
of securing an H-1B.
There is an additional,
separate allotment of 20,000 H-1B numbers available to applicants who
possess at least a Master's Degree earned in the U.S. Last year,
those numbers remained available until July 2006 but will likely be used
up more quickly this year as well.
The H-1B cap applies to
new H-1B filings, typically those situations where an individual is
currently overseas, employed in F-1 practical training status, J-1
status, or any other form of employment authorization of limited
duration. This cap also applies to individuals who are currently in the
H-1B status with exempt employers (see below). Employers must act
quickly to secure an H-1B number for these individuals before the "cap"
is reached again.
Once the new numbers are
gone, it will no longer be possible to obtain "new" H-1B status prior to
October 1, 2008 unless one of the following exceptions apply:
-
"New" employees who
currently maintain H-1B status with another employer, OR who have
previously been in H-1B status in the past six years [ Note:
if the prior H-1B employer was an exempt employer as described
below, the new petition will require a number under the cap and will
not be approvable when the numbers run out].
Extensions
of H-1B status for aliens currently employed by the petitioner
Petitions on behalf of nationals of Chile and Singapore (based on
certain treaty obligations)
I
n addition, some non-profit higher
education organization and institutions of higher education are exempt
from the "cap" and may continue to obtain H-1B status for new employees.
Please speak to us for complete details.
We urge you to let your congressional representatives know what the
lack of H-1B numbers does to your bottom line, your family, and our
economy. Click on the below link to contact them on this important
issue.
http://capwiz.com/aila2/issues/?style=D
