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Greg Siskind on Immigration Law and Policy

H-1B CAP NOT HIT DURING INITIAL FILING PERIOD

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Sources are telling me that the H-1B cap was not hit during the initial five day filing period. This is the first time in several years the cap has not been hit immediately after it opened. I'll pass on more details as I learn them.

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  1. JoeF's Avatar
    Doesn't surprise me.
    With the recession, and the H1 enforcement, there had to be a lot less applications.
  2. Andy's Avatar
    I agree. I wouldn't be surprised if the cap takes much longer to be filled, especially the 20,000 master's quota! I wonder though when USCIS would release the official numbers, considering that the 5 day filing period is now over.
  3. JK's Avatar
    Its true that cap is not met.It is there on the AILA website.
    http://aila.org/content/default.aspx?docid=28561
  4. GH's Avatar
    It's on USCIS website now. I still think that we'll hit the cap soon - and we might hit within a few days.
  5. gg's Avatar
    There are two reasons for fewer H1-B applications this year. The first is the current status of the economy, and most of the H1-B requests are for those folks who are already working with companies on OPT.

    The second reason for fewer H1-B this year is increased enforcement has so far been effective in keeping out body shops from filing fake H1-B requests for jobs that did not exist.
  6. Pancho's Avatar
    Greg, any news as to how many Petitions have been accepted and how many remain, ballpark figure?
  7. AJ's Avatar
    Not surprising. With Senator Grassley questioning the need for H1B and the restrictions on banks using TARP, it must have caused many employers to pause and consider if it was prudent to file for a H1B in the current political conditions.
  8. John's Avatar
    Does not surprise me either. If USCIS is worried about not hitting the cap in 5 days, then they should make EB3 current and they can brag about overload of application
  9. JoeF's Avatar
    GH: I think it will be a while before the cap gets hit.
    That they issued the press release pretty quickly indicates to me that we are a long way from filling the quota.
    If they were close, they would have counted and recounted and recounted, which would have delayed the press release.
  10. JoeF's Avatar
    AJ: If an employer needs a person on H1, they file.
    What I think happened, besides the recession and the shady consultants not filing is that with CIS now requiring employers to actually have projects all the consultants who used to file H1s "just in case" didn't file this year.
  11. AJ's Avatar
    "AJ: If an employer needs a person on H1, they file."

    Usually true, but these are not normal times economically or politically. Even Microsoft clarified earlier this month that most of their H1B filings this year are for converting people from L1 to H1.

    Low filings this year are probably due to a combination of the economic and political conditions and the improved enforcement mechanism.
  12. George Chell's Avatar
    Which means there is no need to put more restrictions. Companies just dont apply or think it is a hassle and send the job to India.
  13. George Chell's Avatar
    "Usually true, but these are not normal times economically or politically. Even Microsoft clarified earlier this month that most of their H1B filings this year are for converting people from L1 to H1.

    Low filings this year are probably due to a combination of the economic and political conditions and the improved enforcement mechanism."

    Also increased outsourcing. For example, IBM would rather move jobs to India than put up with the hassle of H1B.

  14. George Chell's Avatar
    http://www.time.com/time/business/article/0,8599,1887779,00.html

    Lot less hassle this way than go for H1Bs.
  15. George Chell's Avatar
    Greg,

    Any truth to this story?

    http://economictimes.indiatimes.com/News/News-By-Industry/Services/H-1B-bill-seeks-to-staple-green-cards-to-PhDs/articleshow/4373139.cms
  16. J's Avatar
    AILA just posted that
    More on H-1B Demand for FY2010
    USCIS informs AILA that almost half of the petitions needed to meet the FY2010 cap have been received and almost all of the petitions to meet the master's cap have been received. AILA Doc. No. 09040862.
    ...BUT THE REST OF THAT POSTING CAN ONLY BE ACCESSED BY THOSE WITH SUBSCRIPTION. CAN SOMEONE WHO HAS SUBSCRIPTION SHARE WHAT THE REST SAYS? DID THEY GIVE AN EXACT COUNT? GREG?
  17. gg's Avatar
    Any truth to this story?

    http://economictimes.indiatimes.com/News/News-By-Industry/Services/H-1B-bill-seeks-to-staple-green-cards-to-PhDs/articleshow/4373139.cms


    This is old story, it was in news 03/29/2009. But its not law yet ..
  18. Sir real's Avatar
    "almost all of the petitions to meet the master's cap have been received."

    Not surprised, as they were close to 10k+ STEM kids last year who didn't make it through the MASTERS lottery and were on the 29 month extended OPT, i am sure the masters cap will up in a few dqys and tons of US masters kids will leave the country, they really need to expand the cap for the MASTERS H-1B or make it cap-less.
  19. George Chell's Avatar
    "This is old story, it was in news 03/29/2009. But its not law yet."

    It probably wont be until 2011 or 2012.
  20. George Chell's Avatar
    Contrary to what Ron Hira says, more jobs go abroad during and after recession when there are fewer H1Bs than during boom when there are more H1Bs.
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