Brian S. Weiss Immigration Law Blog on Lawyers.com

H-1B CAP REACHED FOR FISCAL YEAR 2011

Friday, January 28, 2011 by Brian S. Weiss

On January 27, 2011, the USCIS announced that they had received a sufficient number of H-1B petitions to reach the statutory cap for the 2011 fiscal year. The final receipt date for H-1B petitions filed for fiscal year 2011 was January 26, 2011 and the USCIS will apply a random computer-generated selection process to all cap-subject petitions received on Jan. 26, 2011 to determine which petitions will be accepted as part of the cap. The petitions not selected in this lottery will be rejected and the USCIS will return all accompanying filing fees.

The H-1B cap does not apply to petitions for employees who already have H-1B status and to employers who are exempt from the quota. Despite this news, it should be noted that the new H-1B filing season for FY 2012 is just around the corner as initial petitions for FY 2012 should be accepted by the USCIS beginning April 1, 2011.



This article has been provided courtesy of the NY immigration attorneys at Garganigo, Goldsmith & Weiss, (646) 233-2774, www.ggw.com.

Posted at 17:35 PM
Topic: Immigration
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