Legal Question in Immigration Law in New York

Re: h1b1 quota- i will hire you immediately

I received your inquiry on the 23rd and did not respond because you had already received a very detailed response.

However, the USIS has just published a notice advising that beginning April 1st 2004, it will start accepting H1B petitions with an employemnt start date of October 1, 2004. Those petitions will count for the cap of Fiscal Year 2005.

Should you need additional information, do not hesitate to contact me at 732-8287700 for a free consultation. Given the acceleration of the rate at which the cap is being reached I would advise you file as ealy as possible.

Re: h1b1 quota- i will hire you immediately

The U.S. Citizenship and Immigration Services ("USCIS") announced on February 17, 2004 that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After that day, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

USCIS has implemented the following procedure for the remainder of FY 2004:

USCIS will process all petitions filed for first-time employment received by the end of that business day;

USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business that day;

Returned petitions will be accompanied by the filing fee;

Petitioners may re-submit their petitions when H-1B visas become available for FY 2005;

The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004;

Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap.

Accordingly, USCIS will continue to process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States;

Change the terms of employment for current H-1B workers;

Allow current H-1B workers to change employers; and

Allow current H-1B workers to work concurrently in a second H-1B position.

USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.