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Practice Note
 
Breaking News: H-1B Cap Reached for Fiscal Year 2007

Today (June 1, 2006), the USCIS announced that it had received sufficient H-1B petitions to fulfill the fiscal 2007 quota as of May 26, 2006. Any cap-subject petitions received after that date will be returned. Petitions received on that date will be subject to a "random selection process."

This is the earliest that the H-1B quota has ever been reached: less than two months after the agency started accepting petitions and more than four months before the fiscal year even begins. USCIS had last updated its count on May 25, 2006. As of the morning of June 1, it was still data-entering filings received on May 26.

Over the past few months, Lin & Valdez has been advocating and encouraging our clients to file the petitions as soon as possible.  The reaching of the cap so early is not really a surprise.  However, this certainly has created a big problem to a lot of people.  We hope the Congress and the Senate can see the negative impact on business American of this.  Before the Congress takes action to address this problem, however, people in OPT or in F-1 will have to find other ways to maintain their legal status.  If readers have any question in that regard, please contact our office.

 


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