All H-1B’s used up for this fiscal year

Question: I am planning on applying for an H-1B. Are there H-1B’s still available?

Answer: U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY)
2012. USCIS notified the public that yesterday, Nov. 22, 2011, was the final receipt date for new
H-1B specialty occupation petitions requesting an employment start date in FY 2012.
Properly filed cases will be considered received on the date that USCIS physically receives the petition;
not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B
specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22,
2011.

Question: How about if I have a master’s degree?

Answer: As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons
exempt from the cap under the ‘advanced degree’ exemption.

Question: What if I am not subject to the H-1B cap?

Answer: USCIS will continue to accept and process
petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B
workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B
cap.

Accordingly, USCIS will continue to accept and process petitions filed to:
1) extend the amount of time a current H-1B worker may remain in the U.S.;
2) change the terms of employment for current H-1B workers; 3) allow current H-1B workers to change employers; and
4) allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require
theoretical or technical expertise in specialized fields such as scientists, engineers or computer
programmers.

Question: Who is exempt from the H-1B cap?

Answer: This H-1B provisions exempts from the annual 65,000 H-1B numerical limitation or “cap” petitions for H-1B beneficiaries employed “at” ), or who have received an offer from, one of the following four types of organizations:
(1) An institution of higher education;
(2) A nonprofit entity that is related or affiliated to an institution of higher education;
(3) A nonprofit research organization;
(4) A governmental research organization.
If you were waiting for an H-1B for this fiscal year and are not exempt, then you would just do what is necessary to make sure it is ready to be filed in April of 2012.

H-1B Cap is reached

All H-1B’s used up for this fiscal year

Question: I am planning on applying for an H-1B. Are there H-1B’s still available?

Answer: U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY)
2012. USCIS notified the public that yesterday, Nov. 22, 2011, was the final receipt date for new
H-1B specialty occupation petitions requesting an employment start date in FY 2012.
Properly filed cases will be considered received on the date that USCIS physically receives the petition;
not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B
specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22,
2011.

Question: How about if I have a master’s degree?

Answer: As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons
exempt from the cap under the ‘advanced degree’ exemption.

Question: What if I am not subject to the H-1B cap?

Answer: USCIS will continue to accept and process
petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B
workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B
cap.

Accordingly, USCIS will continue to accept and process petitions filed to:
1) extend the amount of time a current H-1B worker may remain in the U.S.;
2) change the terms of employment for current H-1B workers; 3) allow current H-1B workers to change employers; and
4) allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require
theoretical or technical expertise in specialized fields such as scientists, engineers or computer
programmers.

Question: Who is exempt from the H-1B cap?

Answer: This H-1B provisions exempts from the annual 65,000 H-1B numerical limitation or “cap” petitions for H-1B beneficiaries employed “at” ), or who have received an offer from, one of the following four types of organizations:
(1) An institution of higher education;
(2) A nonprofit entity that is related or affiliated to an institution of higher education;
(3) A nonprofit research organization;
(4) A governmental research organization.
If you were waiting for an H-1B for this fiscal year and are not exempt, then you would just do what is necessary to make sure it is ready to be filed in April of 2012.

USCIS Reminds Eligible Nationals of Haiti to File for TPS

USCIS alert reminding eligible nationals of Haiti, both first time and late re-registration applicants, to file for TPS prior to 11/15/11.

CA6 Stays Appeal Upon Discovery of Translation Error

The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.

CA5 on Possession of Marijuana with Intent to Distribute

The court found that where a state criminal statute covers both the felony and misdemeanor conduct proscribed by 21 USC §841, it is presumed to be a felony, unless the petitioner proves he was convicted of misdemeanor conduct.

CA3 Rejects “Social Visibility” and “Particularity” Concepts in Asylum

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.

CA9 Refuses to Place Time Limitation on GMC for Registry

Though the registry statute, INA §249, does not specify a time period for good moral character, the court found that the IJ’s determination based on conduct stretching many years and leading up to the hearing was permissible.

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