Posted by: Java April 8, 2008
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There is still no information available yet on the number of H1b applications received by the USCIS to date.
Per the CIS' new processing rules, all H1b applications received in the first 5 days of the H1b filing period would be subjected to the H1b lottery if the H1b quota was reached in any of the first five days of the H1b filing period. What this means is that if the H1b quota was not reached as of yesterday, then all of the H1b applications filed through yesterday will be safe from inclusion in H1b lottery and will be processed as usual. If the H1b quota is not reached until today or later, then only the H1b applications received on the 'final receipt date' (i.e. the day that the CIS receives enough applications to fill the H1b quota) will be subjected to the H1b lottery. Thus, all H1b applications received prior to the 'final receipt date' will be processed as usual, those H1b applications received on the 'final receipt date' will be subjected to the H1b lottery, and those H1b applications received after the 'final receipt date' will be returned unprocessed. The CIS has not yet announced a 'final receipt date.' Unfortunately, however, that does not mean that the H1b applications filed to date are safe yet. Historically, in years where the H1b quota was reached prior to the end of the fiscal year, the CIS has announced the 'final receipt date' several days to approximately one week after the 'final receipt date.' The exception to this was last year, when the CIS announced the H1b quota was reached on the first day of the H1b filing period. So until we receive either a 'final receipt date' announcement from the CIS or an official count of the number of H1b applications received to date from the CIS, we will not know for sure the fate of the H1b applications already filed with the USCIS.
Per the CIS' new processing rules, all H1b applications received in the first 5 days of the H1b filing period would be subjected to the H1b lottery if the H1b quota was reached in any of the first five days of the H1b filing period. What this means is that if the H1b quota was not reached as of yesterday, then all of the H1b applications filed through yesterday will be safe from inclusion in H1b lottery and will be processed as usual. If the H1b quota is not reached until today or later, then only the H1b applications received on the 'final receipt date' (i.e. the day that the CIS receives enough applications to fill the H1b quota) will be subjected to the H1b lottery. Thus, all H1b applications received prior to the 'final receipt date' will be processed as usual, those H1b applications received on the 'final receipt date' will be subjected to the H1b lottery, and those H1b applications received after the 'final receipt date' will be returned unprocessed. The CIS has not yet announced a 'final receipt date.' Unfortunately, however, that does not mean that the H1b applications filed to date are safe yet. Historically, in years where the H1b quota was reached prior to the end of the fiscal year, the CIS has announced the 'final receipt date' several days to approximately one week after the 'final receipt date.' The exception to this was last year, when the CIS announced the H1b quota was reached on the first day of the H1b filing period. So until we receive either a 'final receipt date' announcement from the CIS or an official count of the number of H1b applications received to date from the CIS, we will not know for sure the fate of the H1b applications already filed with the USCIS.