Legal Question in Immigration Law in California

Re: H1B Quota for fiscal year 2006 (i.e. starting Oct. 1, 2005)

There are still a few thousands H-1B cap numbers left for FY 2006 for those with advanced degrees from U.S. universities like yourself. However, you didn't specify if you've been out-of-status before being switched over to F-2 status, which would prevent a change-of-status in the US from being done. Lack of employment is not a problem as long as you qualify regardless under the H-1B rules for the professional position offered.

We can do your H-1B petition since we service nationwide. Contact my office for fees and costs, etc.

Larry "Liem" Doan, Esq.

Note: The above "free" response is provided for legal information only and is

not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a consultation can be arranged.

Re: H1B Quota for fiscal year 2006 (i.e. starting Oct. 1, 2005)

1. There are still numbers available for FY2005 under the 20,000 H-1B exemption for foreign nationals with U.S. Master�s degrees. According to the USCIS, it has so far received 12,926 H-1B petitions under the U.S. Master�s exemption for FY2005.

Although numbers under the U.S. Master�s degree exemption are still available for fiscal year 2006, which commences on October 1, 2005, usage is heavy and it looks like the 20,000 cap will almost definitely be reached prematurely.

Specifically, the USCIS has already received 12,439 petitions for FY2006 under the U.S. Master�s degree exemption. Some sources estimate that it is virtually certain that the 20,000 cap will be reached by January 2006, and that for a

significant portion of FY 2005 there will be no places whatsoever available for new workers in the H-1B classification. As such, it is important to act now and file any new petitions for H-1B workers holding a U.S. Master�s degree.

2.You should still be eligible for an H-1B despite the 2.5 year sabbatical.

3. If you want the H-1B approved quickly, you will need to request Premimum Processing Service. The government filing fee for premium processing is $1,000. You will receive a determination within 15 calendar days.

If you would like to know more about our fees, please contact us directly.

Re: H1B Quota for fiscal year 2006 (i.e. starting Oct. 1, 2005)

Your period of unemployment will have no bearing on your eligibility. It may help illustarte that you have not been 'out of status'.

You must make your application as soon as possible because the quota, at current subscription levels, will be filled by January of 2006. However, there is always a rush in December, so it will be filled before then.

The INS expedited application program will get you an expedited answer, but it will not move you up on the quota list. That means that it will not make it more likely that you will be included in the 2005/2006 quota.

Fees vary for this service. 1,000 to 15,000 are earned by reputable firms. My fee is 2,500.

Re: H1B Quota for fiscal year 2006 (i.e. starting Oct. 1, 2005)

Just a procedural note to add to the previous postings: the petition is filed not by you but by your prospective employer (its legal counsel) who will control the process. You obviously will need a job offer to get started in the process, but more importantly, the dynamics of your relationship (i.e., your leverage) with that employer will determine, to a large extent, the outcome of the petition. You are entitled to have separate legal representation, of course, but the driver of the process will be the employer. Good luck.

Re: H1B Quota for fiscal year 2006 (i.e. starting Oct. 1, 2005)

All of these lawyers' previous responses are esentially correct. If you would like local representation, feel free to give me a call. I am located in San Jose, CA. I do not know where your job opportunity is located, but feel free to call me anyway. cell-650.743.6296