Articles Posted in Workers (H, L, R, O, P)

Still not too late to apply for an H-1B. New quota figures as of September 10, 2010:

Out of the 65,000 cases that can be approved for H-1B this year, 37,400 cases have been receipted by USCIS for the regular Bachelor’s degree H-1B quota. This is up from 36,600 cases which were received since September 3, 2010.

Approximately 13,700 cases have been receipted by USCIS for the advanced degree H-1B quota, a slight increase of about 300 cases filed since September 3, 2010 when approximately 13,400 cases had been received.

Yet another update to the H-1B quota, also known as the Fiscal Year (FY) 2011 H-1B cap.

Approximately 34,900 cases have been receipted by USCIS for the regular Bachelor’s degree H-1B quota.

Approximately 13,000 cases have been receipted by USCIS for the advanced degree H-1B quota open to applicants who have earned Master’s or higher degrees from US colleges and universities.

As of August 6, 2010, approximately 28,500 regular H-1B cap cases have been receipted by USCIS and approximately 11,900 advanced degree cases. Keeping in mind that H-1B extensions and changes of employer petitions don’t count against the cap, initial H-1B applicants are in good shape this fiscal year since the quota is far from being exhausted. —ecf

Thanks to USCIS, we have four H-1B quota updates to report in the month of July 2010:

July 2, 2010: approximately 24,200 cap cases received; approximately 10,400 advanced degree cases received

July 9, 2010: approximately 24,800 cap cases received; approximately 10,600 advanced degree cases received

As of July 9, 2010, approximately 24,800 H-1B petitions have been received. Our of the advanced degree cap, approximately 10,600 petitions have been receipted.

The numbers are very, very slowly creeping upwards. Naturally, the H-1B numbers are a sign of the slow economic times, and that the unemployment rate is still high. Anyhow looking to file an H-1B petition still has time on their side. —ecf

USCIS updated the H-1B quota numbers again last week. Approximately 19,600 applications have been been received for the regular cap and approximately 8,200 have been received for the “master’s degree” or “advanced degree” cap.

The increase of 700 applications overall, in the past week shows that it’s still anyone’s game at this point. If you are a recent graduate and are hoping to find that job before your OPT expires, keep looking and keep in touch with Romben Law, APC. I have counseled many F-1 students here currently on OPT and they are awaiting job offers and we are ready to begin H-1B applications just as soon as the right job offer comes along…

It is anticipated that the H-1B season will last for months to come. Even if you are running out of OPT time and considering returning home, you should think about consulting with Romben Law, APC before you leave so that if and when a job offer can be made, you can be sure that you have counsel who knows you and your qualifications and is ready to work with your US employer. It’s not at all uncommon that attorneys at Romben Law, APC represent clients who are outside of the US at the time of their application. If you are leaving the country to avoid unlawful presence, but to keep all your options open for returning with work status, you want an advocate on your side before you leave the country. —ecf

As promised, here is yet another update on the H-1B quota. On May 14, 2010, USCIS confirmed that approximately 19,000 H-1B applications have been received, and that approximately 8,100 applications were received for the advanced degree quota.

If you were reading this blog on May 11, 2010, you would have seen that I reported USCIS’ most recent count as of that date: 18,000 regular applications and 7,600 applications toward the advanced degree quota.

So the numbers are creeping upwards but if you look at how the numbers progressed last season, we may see these numbers go upwards and then back again. This is when denied H-1B cases are accounted for and subtracted from the total number of applications pending.

Just today, USICS released information stating that about 18,000 H-1B applications were received. Also, USCIS has announced that 7,600 H-1B petitions were received for the advanced degree quota.

For those of you keeping track of the H-2B quota, about 65,307 of the 66,000 allocated for this fiscal year have been approved.

Looks like time is running thin for H-2B applicants but that H-1Bs are still available. Call or email us at Romben Law, APC if you are considering applications for H-2B or H-1B. –ecf

The H-1B quota. “When will the quota close?” “How long do you think before the H-1B cap is reached?” These are the questions I’ve fielded for years while professional workers scrambled for jobs or while their employers are completing their forms. The USCIS has announced only receiving slightly more than 16,025 applications for the H-1B quota, which cannot exceed 65,000 approved H-1B petitions per year.

As for the US advanced degree H-1B quota, only 6,739 have been received by USCIS. There is a total of 20,000 additional H-1Bs allotted towards H-1B applicants who earned advanced degrees in the US.

The low rate of applications this year is clearly an indication of the poor job market but those who have specialized skills are still of benefit to US employers, who need more than ever, employees who can contribute their skills to build and create continued business in the US. Call Romben Law, APC if you are interested in the H-1B program. —ecf

According to CFR 214.2(r)(14), petitioners of religious workers are now required to submit a notification to USCIS when their beneficiary works less than 20 hours a week or employment is terminated before the expiration of the R-1 visa. This notification must be emailed (CSCR-1EarlyTerminationNotif@dhs.gov) or mailed to USCIS (California Service Center, Attn:X/BCU ACD, P.O. Box 30050, Laguna Niguel, CA 92607-3004) within 14 days upon the occurrence of either of the above events.

The notification must consist of:

1. reason for the notification and/or its delay 2. an approved, R-1 receipt number provided by USCIS 3. Petitioner’s address, including name, address, telephone number, and employer’s identification number (FEIN), and 4. R-1 beneficiary’s information, including name, birthdate, country of birth, last known address, and phone number.

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