As you might have learned from media sources, USCIS announced on Tuesday, April 3, 2007 that it has received more than 65,000 cases for the 2008 H-1B cap. Whether or not the extra 20,000 quota for workers holding a U.S. Master or higher degree is reached is unknown, as the counting process has yet to be completed. We received many inquiries regarding this event in the past several days, and here are our answers to the related issues.

What Will Happen to the Regular Cap Cases Received at USCIS on April 2 and April 3?

Answer:
According to regulation, all regular cap cases received by USCIS on April 2 and April 3 will be put in a computerized random lottery system to be selected to fulfill the quota; this process may take a couple of weeks. Before then, even if you receive a receipt notice (as some premium processing applicants have already), it does not necessarily mean that you have already secured a spot in the H-1B quota. It is only after the random lottery has concluded and you are notified of the result that you will definitively know whether you have secured a spot.

What Will Happen to the Advanced Degree Cap Quota?

Answer:
According to USCIS’s statement, the first 20,000 cases for those beneficiaries with a US Master or higher degree will be exempted from the quota system. USCIS is not clear at this point whether the advanced degree quota has been reached. If the advanced degree quota has been reached on April 2, then cases subject to the quota received by USCIS on April 2 and April 3 would be put in the random lottery system, too. At this point, it is reasonable to assume that it may take a couple of weeks for USCIS to count the cases and make the numbers clear. Don’t trust any rumor about this quota, and only rely on the announcement from USCIS or your attorney.

What Should You Do While Waiting for the Counting Process or Lottery Result?

Answer:
We hope the results of the counting process and random lottery emerge soon, so that all those involved would have a better idea as to how to proceed in the future. If your current status is close to expiration and you still do not know the result, we suggest that you act with prudence and precaution. If you are holding an F-1 visa (including OPT), it may be in your best interest to continue to enroll in another F-1 program to receive a new I-120 form. In this case, even if your H-1B does not get through, you may still be in legal F status. Enrolling in a new scholastic program with F status does not require USCIS approval and will incite the least amount of procedural issues. Filing to change to another status is relatively complicated; you are strongly recommended to always consult with an attorney before doing so.

Should I Now File a Petition subject to the 20,000 Quota for Advanced Degree Holders?

Answer:
As for the time being, USCIS is not clear whether or not the advanced degree quota has been reached. If you are qualified, we suggest you file a petition for the advanced degree quota as soon as possible. We estimate this quota will be run out soon, if it has not been reached during the first two days of April.

We will keep you posted on the latest updates available.

Zhang & Associates, P.C.
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