H1B Numbers Still Available for U.S. Master's Degree Candidates
Posted Aug 26, 2005
©MurthyDotCom
As regular MurthyDotCom and MurthyBulletin readers know, the H1B cap for Fiscal Year (FY) 2006, unfortunately, was reached on August 10, 2005. Separate from the cap, however, there are 20,000 special cap exemptions available to people with U.S. masters' degrees or higher. At The Law Office of Sheela Murthy, we have been receiving many questions as to whether these numbers are available and, if so, how long we expect them to last. The answer to the first question, as of this writing, is yes, there are still H1B numbers available for candidates meeting this criterion. The answer to the second question is that no one knows for sure. The USCIS has a chart with the case count. Again, as of this writing, the chart page was last updated August 5, 2005. Nonetheless, it is the best available information at this time.
©MurthyDotCom
FY2005
©MurthyDotCom
According to the chart, as of early-August 2005, slightly fewer than 10,000 cases had been approved against the FY2005 cap. With an additional 822 cases filed but not ruled upon, the total of approved and pending cases was only 10,379, or just over half of the 20,000. Thus, less than half of the 20,000 FY2005 numbers remained available as of early August 2005.
©MurthyDotCom
Accordingly, it may make sense for one who is eligible to file now to file under the FY2005 quota for a master's or higher education, with an immediate start date, prior to September 30, 2005. The other option is to file under the FY2006 quota, for a start date after October 1, 2005. It is possible to file for these numbers up to six months in advance of the requested start date. Which start date and which quota is appropriate depends upon the particular case circumstances.
©MurthyDotCom
FY2006
©MurthyDotCom
According to the same USCIS chart, as of the beginning of August 2005, there are 4,212 cases approved against the FY2006 cap. An additional 4,000 cases were pending at that time, for a total of 8,212. Thus, at that point, over half of the H1B numbers remained available. By way of background, FY2006 H1Bs may only have a start date of October 1, 2005 or later since the USCIS fiscal years run from October 1 to September 30 of each year. The balance of the H1B numbers available under the FY2006 quota will very likely be exhausted before the end of FY2006, or September 30, 2006.
©MurthyDotCom
Conclusion
©MurthyDotCom
We at The Law Office of Sheela Murthy hope that the USCIS will update the H1B usage chart regularly. That way, people can plan and strategize carefully rather than suddenly find that they are out of luck for a lengthy period of time, as recently happened to the regular 65,000 H1B quota filers. Our Office continues to receive requests to file H1B cases under the 20,000 exemption quota for both FY2005 and FY2006. Our only recommendation for these cases is simply to file the H1B at the earliest opportunity to avoid a significant delay in employment authorization.