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Available H1B Numbers for Advance Degree Might Be Fewer than Announced As announced by USCIS, USCIS had received 49,034 H1B applications under the standard H1B cap by May 25th; however, on May 26th, there were no more quota numbers available, and petitions received on May 265th will be subject to a random selection process to determine which cases will be accepted. It appears that 12,000 cases arrived overnight. Weird? Yes! How could this happen? USCIS has investigated this oddity, and the problem lies in the processing of filings by the USCIS at the VSC (Vermont Service Center). As we indicated before, the USCIS went to Bi-Specialization filing procedure effective from April 1, 2006. All I-129 (including H1B) petitions are sent to VSC after April 1. VSC is unable to handle the volume of cases it is receiving, leading to data-entry and receipting backlogs from early on. As USCIS updated its cap-count reports, the volume of cases shipped to VSC increased, therefore, some cases which have arrived VSC were not counted in the reports. The combination of the existing backlog in data entry/counting and the increased volume of new cases delivered the last week made it appeared that 12,000 cases arrived overnight. Similarly, we see another more serious consequence of the backlog between data entry and case receipting: data entry and counting of applications for the advanced degree H1B cap might have the same problem. That means some applications in this category may have not been counted in when USCIS updates its cap-count reports. Then, actual available quota numbers for master and above degrees H1B may be fewer than announced. If you plan to apply for H1B against this category, you have to take this issue into consideration. Please also refer our article entitled “Strategies after H1B Cap is Met” in this board.
(06/05/2006) For more immigration news, please click here |
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