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Update on the H-1B Situation

Cite as "AILA InfoNet Doc. No. 05040572 (posted Apr. 5, 2005)"

In speaking to the New York Chapter on 4/4/05, Bill Yates of USCIS indicated that the rule that is currently under review at OMB with respect to the 20,000 fiscal 2005 numbers will also have instructions for H-1Bs filed for fiscal year 2006 (start date of 10/1/05). He indicated that the rule will have a provision to convert the fiscal 2006 cases to 2005, and that a 2006 filer would face no 'advantage or disadvantage' by virtue of the 2006 filing with reference to consideration for the 2005 numbers.

Mr. Yates also indicated that there will be instructions for pending cases with receipts as well as those which haven't yet received receipts and those already approved. He did not answer the question of whether the 20,000 fiscal 2005 numbers will be for only graduates of U.S. Masters programs or above.

There is no further information as to when the rule will be published, or when USCIS will begin accepting filings for the fiscal 2005 numbers.

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