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Wait for the 2005 additional quota or use the 2006 quota? As April 1 st approaches, many aliens are trying to decide whether to keep waiting for the 2005 additional H-1B quota or to apply the H-1B status for fiscal year 2006. A USCIS official advises that USCIS does not yet know when the announcement about acceptance of H-1B petitions for fiscal 2005 will be published. The announcement, which will be in the form of a rulemaking in the Federal Register, is currently awaiting OMB clearance. If the Federal Register announces the rule of the additional 20,000 H-1B quota for fiscal year 2005, the beneficiaries can start working for their employers as soon as their petition gets approved. On the other hand, beneficiaries who file their H-1B petition by using fiscal year 2006's quotas on or after April 1 st will have to wait until October 1 st , 2005 to start working for their employers. Since the announcement date of the additional 20,000 H-1B quotas is not predictable; we do not recommend aliens to wait for the 20,000 H-1B quota. After April 1 st , employers should file the H-1B petition for their new alien workers to secure their spots in fiscal year 2006. If the 20,000 additional H-1B quotas become available long before October 1 st , filing another H-1B petition under the new 2005 cap will be the best solution.(03/30/2005) For more immigration news, please click here. |
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