The American Immigration Lawyers Association (AILA) today (Aug. 23, 2005) released news saying that the USCIS HQ has confirmed to AILA that, despite rumors to the contrary, H-1B numbers remain for both fiscal 2005 and 2006 for graduates of U.S. masters or above programs. However, AILA has received some reports of properly-filed H-1B petitions for these numbers being rejected on the basis of the cap being reached. That type of rejection, AILA says, certainly is erroneously.
Despite the availability of the numbers for U.S. masters graduates, we want to remind our readers of the lessen learned from the ※ordinary§ cap in which the USCIS released the count on August 3, 2005 showing around 5,800 number available, and then announced on August 10, 2005 that all the remaining cap is used up. Therefore, if you find a sponsor for the H-1 petition, please act on it immediately.