Tag Archives: h1b application

H1B Visa November Update

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You may remember from our October H1B Visa update for FY2010 that the USCIS reported that were going to continue to accept H1B visa petitions until the H1B visa quota for the year has been exhausted.

The latest USCIS update for the quota was released on November 6, where the reported receiving 54,700 H1B visa petition filings on top of the already 20,000 approved advance degree cap exemption filings. The annual quota is of course 65,000 for the main group so there is still at least 10,000 visas available and probably a fair number more as many of the H1B visa petitions will be denied or revoked.

The other major update the USCIS released for the H1B visa for November is that due to the Department of Labor (DOL) having a major backlog and delays with certifying and issuing the approved Labor Condition Application (LCA) which is need prior to filing the H1B visa petition with the USCIS.

For the next 120 days from November 5 2009, through March 10, 2010 (or whenever the cap is exhausted), the USCIS will accept H1B visa petitions even without the approved LCA from the DOL if it has been filed at least 7 days prior to sending the petition to the USCIS. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA to prove this when filing with the USCIS without the approved LCA.

Following this H1B visa applicants and the prospective sponsor employers who make use of this temporary flexibility in the normal filing procedures for H-1B visa petitions must wait until they receive a request for evidence (RFE) before they submit the DOL approved LCA to USCIS in support of the H-1B visa petition.

The USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE.  Ultimately the USCIS will only approve H-1B visa petitions that include certified approved LCAs.

The most interesting thing has been since the October 1 (i.e. the start of the new US Immigration year), the rush of applicants and companies filing for the H1B visa meaning the job market is seeming picking up for college educated folks despite the 26 year record high 10.2% unemployment rate nationally.

Actually if you look at the following NY times interactive chart for unemployment you can easily see how not all groups are effected equally and the market for laid off H1B visa workers, F1 Student visa graduates and foreigners wanting to work in the US in general may be looking up finally 🙂

Good Luck,
CJ

H1B Visa FY2010 Status Update – October 2009

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Even though we mentioned earlier that the last day for H1B visa filings was September 30 in our August update, things may have changed based on an ambiguously worded directive from the USCIS. This is also backed up by many law firms stating that they are still processing current H1B visa petitions fro FY2010.

Of course the dramatic job losses of the first half of the year slowed dramatically in the 2nd half of 2009 in the US and many laid off H1B workers, recent F1 student visa graduates and just general job seekers have had better chances finding work in recent times.

Although it should be said the overall national unemployment rate is still high at 9.8% and some sectors of the economy like finance are still reeling. However highly skilled workers and especially in industries like Online, Health, Education and New Energy are sought after and companies are certainly advertising in these areas.

So back to the H1B visa which like all US visas follow the US Immigration year which starts on October 1 and ends on September 30 the following year. So when H1B Visa FY2010 applications open on April 1, the general course of events is that the people who get these H1B visas are eligible to work from October 1, 2009. This is the beginning of FY2010.

However this year has been unusual due mainly to the economic events which have meant things like the H1B visa quota and H1B visa lottery, which have been major talking points in recent years were non-existent issues this year. Instead replaced by other issues like the anti H1B visa legislation introduced to Congress but yet to be debated formally.

So now we get to the recent unexpected announcement by the USCIS which states verbatim;

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

What this seems to be saying is that the USCIS will continue to process H1B visa petitions beyond the September 30, 2009 end of the Immigration year. So if you are still searching for a job, don’t give up as the H1B visa opportunity seems to be still open and your dreams are still alive 🙂
The beauty of this is since October 1, 2009 has passed, as soon as the application is approved you will be able to begin work which is another selling point to a potential employer and sponsor.

Good Luck,
CJ