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H1-B Visa Insight

Round up on H-1B Visa Application, Lawyers, Reforms, Transfers etc.

2010 Fiscal Year Visa Cap Reached

Tuesday, December 22, 2009

The USCIS just announced that the H1b visa cap has been reached for the 2010 Fiscal Year as of 12/21/09. The H1b visa is the primary visa by which foreign professionals gain work authorization in the US.

  • All quota-subject H1b filings received after 12/21/09 will be rejected.
  • All quota-subject H1b applications received prior to 12/21/09 will be processed as usual.
  • All quota-subject H1b filings received on 12/21/09 will be subjected to a lottery. There is no news yet on when the lottery will be run.
New non-exempt H1b filings will now only be possible when the new 2011 fiscal year filing period begins on 4/1/2010. Between now and 4/1/2010, H1bs can only be processed if they are being filed in an exempt category, such as
  • for transfer of employment
  • for extension of employment
  • for amendment of employment
  • for a quota exempt employer
  • for an employee who has previously been granted H1b status and not used up his/her 6 yr maximum period of stay
Guess the Indians and the Chinese have rushed seeing the economic boom in their country, but they should have seen the realities within the United States.
Written by H-1B Visa Advisor, 7:08 PM

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