Articles Posted in Employment-based visas

man running against time.png H-1B cap numbers as of July 1, 2011:

Steady usage of the Bachelor’s degree H1b quota with about 1,000 more petitions received since last count, resulting in 18,400 cases received as of July 1, 2011.

The H1B advanced degree cap has advanced by about 600 cases resulting in 11,900 H-1B petitions received as of July 1, 2011.

Mind the Gap.pngWhat is the H-1B cap gap?? F-1 students seeking first-time H-1B status are often in some period of OPT (optional practical training) when submitting an H-1B petition. “H1B Cap gap” is the term that USCIS refers to as an extension of either the F-1 student’s status and/or the student’s OPT period before October 1 of each year.

Here are some nuggets of useful information for students seeking clarification of how OPT can be properly utilized and extended with the H-1B cap gap:

  • If a cap gap H-1B applicant receives an H-1B denial at anytime (before or after October 1), s/he cannot continue working but is still allowed the 60-day grace period to depart the US as long as the H-1B was not denied or revoked due to fraud or misrepresentation
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    The H-1B job search continues! The H-1B quota is still wide open for those who are still job searching. Just released today are the numbers from USCIS as of June 17, 2011:

    The H-1B quota (regular degree cap) is moving slowly, but steadily with 16,300 applications received out of the 65,000 available.

    The advanced degree H-1B quota (advanced degree cap) has slowed somewhat, with 10,800 receipted out of the 20,000 available.

    H-1B season looks like it’s going to last a while this year. With nationwide unemployment still high, offers for H-1B employment seem to be lagging as well. Here are updated H-1B quota numbers for those looking for H-1B sponsors and wondering “how much time do I have left before the H-1B quota runs out…”

    • Regular cap: approximately 15,200 cases have been receipted out of the 65,000 available as of June 15
    • US Advanced degree cap: approximately 10,200 have been receipted from the 20,000 available

    dice.pngThe business immigration attorneys at Romben Law, APC have often been asked to review denied H-1B cases prepared by other attorneys. We are asked for advice on whether and how to re-submit a new successful H-1B petition. While it is a difficult task to overcome a previously denied H-1B petition, it is not impossible… it’ll be hard work, but it’s not impossible.

    The following are questions that are appropriate to ask if you have had a denied H-1B petition:

    1. Did the first attorney spend enough time with me and my employer to understand what special knowledge and tasks are involved in the offered H-1B job?

    Thanks to USCIS for the updated quota numbers:

    Regular cap: approximately 13,100 have been received Advanced degree cap: approximately 9,000 have been received
    Many people are continuing to ask when the quota might be reached. While it’s impossible to really know and difficult to estimate, it seems that the quota numbers are moving slowly. Those who are still looking for H-1B employment and/or those on F-1 OPT still have ample time to prepare a case for this year’s quota. Contact the business immigration attorneys at Romben Law, APC for a consultation. —ecf

    The immigration attorneys at Romben Law, APC are often asked by foreign job seekers whether there are options other than H-1B for living and working in the US. Given the difficulty of finding an appropriate H-1B employer these days, many people have asked specifically whether the J-1 exchange visitor is a good option.

    Although there are several types of J-1 exchange visitors, this blog will focus on the J-1 internship category.

    Here are a few pointers to follow when looking for a J-1 sponsor:

    Screen shot 2011-05-11 at 2.58.08 PM.pngPresident Obama addressed the nation in a highly anticipated speech on immigration reform from El Paso, Texas. Many have criticized the President’s speech because he offered little in detail but spoke in broad terms.

    The immigration attorneys at Romben Law, APC would like to note that while deportations have increased under the Obama administration, President Obama reiterated that legalization should be offered to the undocumented, but with an emphasis on accountability. The President stated clearly: “those who are here illegally have a responsibility as well … they have to admit that they broke the law, pay their taxes, pay a fine, and learn English. And they have to undergo background checks and a lengthy process before they can get in line for legalization.”

    The President also weighed in on the hallmark of immigration: family reunification. President Obama said “I don’t believe the United States of America should be in the business of separating families. That’s not right. That’s not who we are.”

    The business immigration attorneys at Romben Law, APC have been asked numerous times when the H-1B cap will be reached, or whether the quota is closing soon. While no one knows when the H-1B cap will be reached, USCIS has released some recent numbers of the current H-1B usage.

    As of May 6, approximately 10,200 petitions have been received for the regular, Bachelor’s degree quota while approximately 7,300 petitions have been received for the advanced degree quota.

    It seems that the H-1B quota is still wide open and those interested in consulting with the attorneys at Romben Law, APC for potential applications should give us a call as soon as possible given the fact that it can take USCIS months to adjudicate H-1B petitions. —ecf

    So far, the USCIS has announced that it received 5,900 H-1B applications for the normal quota and an additional 4,500 for the advanced degree quota. These numbers were released yesterday, April 7, 2011.

    In years past, many remember that the H-1B quota was exhausted as early as the first day of applications. Last year, the H-1B cap was not reached until January the following year. I would anticipate that with the economy still rebounding, the H-1B quota will last a significant amount of time. This will also ensure that everyone who can find a job offer this year will have a chance to make an H-1B application. Please contact the business immigration attorneys at Romben Law, APC for a consultation if you are interested in applying for an H-1B this year! —ecf

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