ILW.COM - immigration news: 2005 H1B Cap Is Reached

The USCIS announced on October 1st that no more fiscal year 2005 H-1B petitions will be accepted. All H-1B 2005 cap petitions received after close of business on October 1st will be returned with the filing fee. The earliest date a petitioner may file a petition requesting FY 2006 H-1B employment with an employment start date of October 1, 2005, would be April 1, 2005. Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap and 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
Allow current H-1B workers to work concurrently in a second H-1B position.

For more information, see the USCIS press release here. Individuals who are subject to the H-1B cap should consult with an immigration attorney to discuss available alternatives.

We welcome readers to share their opinion by writing to weeklyeditor@ilw.com.

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