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Greg Siskind on Immigration Law and Policy

INCREASED H-1B NUMBERS MAY NOT REFLECT AN INCREASE IN FILINGS

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A few days back I reported that the H-1B cap count had jumped by almost 6,000 from September's count and that this might mean numbers would run out much earlier than we anticipated. USCIS has reported to AILA, however, that there is an explanation for the jump and it is not that there are more applications being filed. Apparently, the H-1B masters cap of 20,000, which USCIS announced sometime back was filled, did not have the overage cases counted against the 65,000 cap until this month. USCIS was waiting and seeing how many cases were denied or withdrawn before making the final determination and was presumably holding back numbers for the 65,000 count until October 1st rolled around. At least that's how I understand it. So November's cap count should show a much more modest increase.

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  1. Kavan R's Avatar
    What does that mean? the 6000 were masters H1B that were pulled in from the regular quota?


    Either ways, i think the rest will last till about April 2010, they need to make the H-1B market based and not arbitrary capped.

    Hope the CIR 2010 takes care of the pronto.
  2. George Chell's Avatar
    Just as I thought, why would corporations go through the process of hiring H1Bs when they can now create that job in Asia and hire the foreigner they want. May be this partly explains the job cuts in America and simultaneous job creation by US corporations in Singapore, Australia and other places!
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