The USCIS announced that it has completed the H-1b lottery and that receipts on those cases that were chosen should be received no later than June 2, 2008. We should also expect that cases not chosen will begin to be returned and that process could take 6-8 weeks. If your case was filed as a premium processing case and chosen, the clock will start to tick as of April 14, 2008. For a full copy of the press release please see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=183f301458e49110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Archive for April, 2008
USCIS Conducts H-1b Lottery
Tuesday, April 15th, 2008USCIS Announces H-1b cap case total
Thursday, April 10th, 2008Today, the USCIS announced that it received 163,000 H-1b cases for the FY 2009 cap of which 31,200 were for the advanced degree cap. The lottery will begin shortly so keep your fingers crossed. There has been no indication as to when receipts will be issued for accepted cases or when rejected cases will be returned however, expect the lottery process to take several weeks.
Federal Court finds Pegasus failed to pay ‘benched’ workers
Wednesday, April 9th, 2008Here is a March 31, 2008 Federal District Court (New Jersey) decision where the Federal Court found that Pegasus Consulting Group failed to pay ‘benched’ workers. Employers are reminded that ‘benched’ H-1 workers must be paid the greater of actual or prevailing wage, or the worker’s employment must be terminated.
FY 2009 H-1b cap reached
Tuesday, April 8th, 2008Today, the USCIS officially announced that it had enough petitions as of April 7th, to reach both the advanced degree and regular cap. The announcement can be found at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c5b6628090e29110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD The USCIS is expected to begin the random lottery selection process shortly however, no date has been set. It is expected that it may be several weeks or even a couple of months before the lottery process is completed. Cases filed under the advanced degree cap and not chosen as part of the 20,000, will be placed in the lottery for consideration under the regular allotment.
New OPT Rules Announced
Sunday, April 6th, 2008The DHS has announced new rules impacting certains persons on OPT. http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm HLG will be providing a detailed summary of these rules on Monday. The USCIS has also issed an FAQ regarding the new rules http://www.uscis.gov/files/article/OPT_FAQ_4apr08.pdf
HLG Releases March Business Immigration Monthly
Tuesday, April 1st, 2008HLG produces a monthly ezine directed at employers who employ foreign national workers. It is free of charge and can be subscribed to using a link to the right. The March edition was released last week. http://www.hammondlawfirm.com/monthly/business-immigration-monthly-March-2008-h-1-cap.htm