USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010
The U.S. Citizenship and Immigration Services [USCIS] announced the acceptation of H-1B petitions for the fiscal year (FY) 2011 cap from the 1st of April 2010. The USCIS H1-B petitions acceptation date will be based on the day the USCIS receives properly filled H1-B petitions with the exact fee and not by the postmarked date.
The USCIS has cited 65000 as the fiscal year cap for the FY 2011. The first 20,000 H1-B petitions filed on behalf of the personnel who have earned a Masters degree or a higher degree in the U.S will be exempted from the H1-B petitions cap.
The date on which the USCIS receives the adequate number of H1-B petitions to meet numerical criteria of the H1-B petitions cap will be notified to the public. In-case adequate number of H1-B petitions is not there to reach the numerical limit; the USCIS will randomly select the H1-B petitions received on the final receipt date to reach the H1-B cap. The cap-subject H1-B petitions that are not accepted and the late entries that did not reach the USCIS on or before the final receipt date will be rejected by the USCIS.
The annual cap is exempted for new H1-B petitions for employment if individuals intend to work at institutions of higher education or allied non-profit entities, non-profit research organizations or government research organizations. Workers can continue to file petitions to come under the H1-B cap exemption categories while they search for work dates from FY 2010 to 2011.
The USCIS will continue the process involved with H-1B non-immigrant visa program petition with the forth mentioned criterion; H1-B workers who intend to extend the period of stay in the U.S., H1-B workers who intend to change their employment terms, H1-B workers who wish to change from their current employers or H1-B workers who aim to work in a second H1-B position simultaneously.