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H-1B Quota Update

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H-1B Quota Update

April 20, 2007

The USCIS received over 123,000 Fiscal Year 2008 cap subject H-1B petitions on April 2 and April 3. As a result, a computer-generated selection lottery was implemented through which the USCIS randomly selected 65,000 H-1B petitions for further processing. Those petitions not selected for an H-1B visa number will be returned, with filing fees, to the petitioner or case representative.

Although the USCIS completed its selection on April 12, they have advised that applicants and legal counsel will not be informed of the results until sometime in May. The USCIS has thousands of petitions to handle, and as a result, there will be a delay in the issuance of a filing receipt (dated after April 12) for those selected in the lottery, as well as a delay in the return of the petitions that were not selected. We realize this delay and uncertainty causes anxiety to those affected. Please know that Weaver, Schlenger & Mazel continues to closely monitor USCIS updates on this matter, as well as the status of each petition, and will inform clients of the results as soon as we are informed.

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