The latest numbers concerning H 1B applications were updated by the USCIS about one week ago. Working as an immigration attorney with many firms and individuals in the San Francisco area who have a stake in this process, I’m always interested in these numbers.

Latest H 1B Numbers

As of the writing of this blog, the latest H 1B numbers see cap eligible petitions at about 28,500. There are 65,000 available. That means that 43.8% of the possible applications have been submitted. The H 1B with a master’s exemption has seen 11,900 petitions. There are a total of 20,000 such petitions available. Translated into a percentage, it looks like 59.5% of those H 1B petitions designated for those holding a masters or higher have been submitted.

Quick Analysis

Comparing this year’s filings to last, those for FY 2011 are still lagging far behind and I don’t see them picking up very quickly.

Petitions Still Available

There is good news. Petitions are still available if your company is looking to hire individuals through the H 1B process. For those in the San Francisco area or any part of the state or U.S. who need assistance an immigration lawyer can certainly help facilitate this process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

Just a few years ago, the cap for H 1B visa applications would be reached in a few days. The H 1B visa is designed to allow U.S. employers to hire foreign workers for specific types of jobs that demand special skills, knowledge and training. As an immigration attorney, once the process begins, which is April 1, I’ve found that those from the San Jose area and other parts of the state who come to my office are anxious to get their paperwork in before the cap is reached.

H 1B Downturn

Last year, there was a huge downturn in applications, which was most likely related to the recession and a lack of employment opportunities in the U.S. Caps were met in December 2009, which is very late especially considering that the cap had been met within a few days or weeks each year prior.

It was thought by many that this downturn would continue this year, especially because applications for the H 1B were sluggish. And thus far this has been the case.

H 1B Cap Update for 2010

As of July 2, 2010, eligible petitions filed by those wanting to come to the U.S. totaled 24,200 and 10,400 in the category of those already in the U.S. who have just finished their advanced degree. That leaves approximately 41,800 for those outside the U.S. and 9,600 application slots still available for foreign students in the U.S. who hold their advanced degree. That means that applications are down from last year at this time by about 20,000.

Apply Now

Although applications are down, if you have been offered work by a US company that fits under the H 1B visa, then it is important to apply for your visa as soon as possible. Even if the cap is not reached, you want to facilitate your petition in order to ensure that you are able to work on your scheduled start date. Also, the quota was eventually reached late last year and that may be the case this year. Once the quota is reached, you will need to wait until the following year to apply.

An immigration attorney can help facilitate the H 1B process, making sure that your application is prepared in accordance with the USCIS regulations and policies (which change frequently). We expect to see more people from the San Jose area contacting our office as the time to apply dwindles.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

The figures are coming in and I check them often in my San Francisco office where I serve clients all around the country as an immigration attorney. The figures pertain to H1B petitions and the caps—the 65,000 regular petition cap and 20,000 advanced degree petitions cap.

Where We Stand

As of June 11, 2010, there were 22,200 regular H1B cap filings and 9.400 advanced degree cap filings. The total number of petitions filed stands at 31,600 of 85,000 total. Filings are still low, especially in the advanced degree area where it was expected that after May graduation there would be a spike. But only 700 advanced degree petitions were filed in the two weeks following most graduations.

Why the Numbers May be Low?

There are various reasons as to why the numbers may be low. One is that those who graduated are in the process of trying to find an employer to sponsor them. That could be true. However, a second reason is more likely and that’s related to the US economy and a lack of jobs and, thus, businesses ready and willing to hire new employees. The jobs may just not be there.

Last year, the H1B regular cap was met by early December. This year, it looks as if we won’t hit the 65,000 mark. Projections reveal that there will probably be around 45,000 filings this year. The advanced degree cap will likely be reached but probably not until November or December.

Does that Mean You Should Wait?

No. Just because the cap for regular filings won’t probably be reached and the one for advanced degrees looks to be hit late in the year that does not mean that those who are eligible should wait to apply.

First, if you have a company that is going to hire and sponsor you, then you want to act quickly to ensure that all paperwork is processed on time. By the way, it must be done properly; if it’s not, there will be delays. Thus, applicants need to address all aspects of the process in a timely manner.

Another reason to facilitate the process as quickly as possible is the fact that these are projections and nothing more. The numbers may not follow what’s predicted and the advanced degree cap could be met sooner while the regular cap might be reached. You don’t want to be left out of the mix by procrastination.

Monitoring Will Continue

I will continue to monitor these trends and alert you to any changes or deviations from the projections. If you are going to file a H1B petition, you want to make sure that you do so properly and in a timely manner. In my San Francisco office, I handle numerous H1B petitions from all over the US.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding H1B visas or immigration law.

H1B Employment Offer

For those in foreign countries the minimum educational requirement is a bachelor’s degree or the equivalent.

The Cap

The U.S. Congress has set caps from those seeking H1B visas. They are set at 65,000 for H1B applicants from foreign countries and at 20,000 for those in with a U.S Master’s Degree or higher. In the past in my work as an immigration lawyer, I’ve seen people race to get their applications in as these slots have filled up quickly, within days of the initial application date.

April 1 is the initial date when people may apply. Once the cap is reached, no more applications are accepted. The deadline is not a postmark deadline but related to when applications are received by the USCIS.

Figures as of May 25, 2010

This year, as it was last year, applications seem to be slowly coming in. As of May 25, 2010, there have been 19,600 H1B regular applications and 8,200 H1B advanced degree applications. There are about 45,000 and 12,000 spots still available.

Apply Sooner than Later

Although applications are lagging, it’s still better to apply sooner than later. As a Sacramento Immigration Attorney, I handle cases from across the country related to all aspects of immigration law, including the H1B process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding H1B visa or immigration law.

Types of Questions

You may get questions in four areas—education and experience, the reason for your H1B visa, the company you’re currently working for and the company for which you’re going to work. The point of the interview is to make sure that you meet all of the requirements for a H1B visa, which are focused on your education and training and an offer of employment.

Reason for H1B Visa

Basically, they want to know why you are leaving your country and why you’re coming to the U.S. They want to know what you expect to do in the U.S., how much you know about living conditions and how long you expect to stay in the U.S.

Education and Experience

They could ask you questions regarding you area of specialization, where you studied and what you studied. They may ask you about specific courses, areas of focus, people with who you studied and details regarding your training.

Company You’re Working for Now

If a company has employed you, they will want to know its name, how long have you been there and what do you do. They may ask about your salary and specific duties.

U.S. Company that will Employ You

They will ask the name of the company, contact information, what your salary will be, if they are helping you relocate, how long you plan to work for them and other such questions. They may want to know why you want to work for that specific organization, what you hope to achieve and how much you know about the company.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding H1B visa or immigration law.

I am going to devote a few blogs to this important area and look at how F 1 visa holders can get an extension as they apply for their H 1B. In this blog, I’m going to consider eligibility criteria.

What’s Allowed by Current F 1/H 1B Extension Regulations?

Currently rules allow specific students whose H 1B petitions are pending or accepted to keep their F 1 status when that student’s standing to work would normally run out. This extension occupies what’s known as the “cap-gap.” That is the duration between a student’s F 1 status and their H1B status.

The Reason for the “Cap-Gap”

This gap occurs because an employer is not allowed to file and USCIS may not accept H 1B petitions earlier than six months prior to the date that the beneficiary’s services or training are required to commence. The earliest date for the filing of petitions for the next fiscal year is April 1, with employment commencing October 1. With approval of the H 1B petition, which includes a change of status, the earliest date H 1B employment can be approved for is October 1. F 1 students that do not qualify for a cap-gap extension, and whose status expires before October 1^st, could be in violation of their F 1 status.

Petitions and Beneficiaries that Qualify for a Cap-Gap Extension

If a student is engaged in this process they must be sure to stay in communication with their organization or company that has offered them employment. The possible employer is the hub of information for H 1B petition processing and can provide the most current information to the student.

Organizations applying for the H 1B must go ahead and complete the process on time. The petition must be submitted while the acceptance time frame for H 1B is in effect.

With timely filing completed the automatic cap-gap extension commences and will continue until the H 1B petition decision process has been concluded. If approved, the student’s extension continues through September 30^th. If the student’s H 1B petition is not selected or approved, then they will be given the standard 60-days from the notice date of the rejection or the end of their program or OPT termination date, whichever is later, in order to prepare for and depart the U.S.

For those students looking to fill the cap gap working with an experienced immigration lawyer can help ensure that all steps of the filing process are properly followed. In my San Francisco Bay Area and Sacramento law office, this is a busy time and although it’s not too late to start the process, it’s best to begin as early as possible.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding F-1 extension and H-1B visas or immigration.

STEM Designated Degrees

Students with STEM degrees (S= science, T= technology, E= engineering, or M= mathematics) who work for companies that subscribe to E-Verify are eligible for the extension. (The Social Security Administration utilizes E-Verify, an Internet-based system, to check on a newly hired employee’s right to work.)

The extensions, which until a few years ago were for 12 months, are now for 29 months. The STEM OPT extension has been granted to help U.S. employers stabilize and retain employees.

Eligibility

One of my primary concerns as an immigration lawyer is that those who seek the STEM OPT extension meet all requirements. In the San Francisco Bay area, there are many such students who want to request and petition for the extension. The requirements include:

• That the applicant is currently involved in 12-months of pre-approved post-completion OPT.
• Degrees are successfully completed in specific areas. These are the STEM areas (S= science, T= technology, E= engineering or M= mathematics) and are part of the Designated Degree Program List of the DHS STEM. These are degrees from a certified U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program at a college or university.
• They must be employed by a United States business in an occupation that is connected with their primary area of study.
• That their employer is a part of the program known as E-Verify which is connected to the USCIS.
• The applicant must have maintained their F 1 status on a proper manner.

My immigration law practice involves a range of activity with those who presently hold a F 1 visa and are about to see their status change. As a lawyer working in this area, I am constantly aware of the need to facilitate the application process to ensure that the student and employer are well served.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding STEM OPT extension or immigration.

Defining the Cap Gap

The cap gap is that period of time that covers from when someone in the U.S. who is under a F-1 visa, which is designated for students, is no longer a student to the time that they are given employment. There is a gap between that person being a student, after which they have attained their degree, and the period during which they begin working for a U.S. company. The potential employer petitions for the student to be given the new designation of H-1B and during that time and until the student can be under the H-1B visa, the F-1 status is extended.

Why it Occurs

The fiscal year for the U.S. government starts on October 1. That is also the designated date that those who are newly granted H-1B status may start work. The earliest that anyone may petition for a H-1B visa is April 1. Those students who expect to receive their degrees will usually do so in May. Even with the sixty-day grace period that means there is a gap of time between when a student’s F-1 status is in effect and their H-1B visa goes into effect. This period is covered by the extension of the F-1 to qualified applicants.

Filing for H-1B

Those who have been offered work by an employer should make sure that their potential employer files the proper H-1B paperwork in a timely manner. It is best to file paperwork as soon as possible. There are a limited number of H-1B visas available.

In my San Francisco Bay Area practice as an immigration attorney, I’ve found that it’s always better to file sooner than later for a H-1B visa. If you’re a student with F-1 status who has been offered employment pending or after the completion of your degree, then it’s incumbent that you ensure that your employer immediately engages in the process of petitioning for H-1B status.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding F-1 extensions and H-1B visas or immigration.