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As of June 1, 2012, the USCIS received 55,600 cap-subject cases and 18,700 advanced degree cases

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As of June 1, 2012, the USCIS received 55,600 cap-subject cases and 18,700 advanced degree cases

June 8, 2012

With the jump to almost 1800 H-1B filings per day the week of May 28, the race is on.  FY H-1B numbers may easily run out by early next week.  We have been steadily providing weekly updates published by the USCIS – as of June 1, the government reported that 55,6000 non-advanced degree FY cases had been filed, and that the government had received 18,700 advanced degree cases (against the 20,000 cap).  When FY H-1B numbers are exhausted, employers will need to wait to file until April 1 for H-1B start dates of October 1, 2013, the beginning of the 2014 fiscal year.

The government’s 65,000 FY H-1B annual quota includes a set aside of 6800 H-1B visas for Chilean and Singaporean nationals, which makes the actual quota 58,200.  The government has not published how many unused H-1B visa numbers of that set aside for Chileans and Singaporeans are available from FY 2012, which the government will then add to this 2013’s FY quota.  We wish the government was more forthcoming in its data analysis.

“Cap Gap” relief is available for recent graduates who work under F-1 optional practical training work authorization (OPT) cards which expire before October 1 of any given year:  They may remain on payroll while their H-1B petitions are pending, provided that the H-1B petition is filed while the student is within the period of OPT, the employer requests an October 1 start date under the petition, and the student has not violated her status.

Employers who use E-Verify may obtain an additional 17 months of work authorization for STEMgraduates, for a total of 29 months of post degree work authorization. USCIS provides periodic updates of FY H-1B counts.

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