The fiscal year 2011 (FY11) H1B cap season continues to be open as of the end of May 2010, with a low rate of case filings.
FY10 was unusual when compared to the two years prior, as the cap was not reached in the first days of filing. The FY10 cap season ended December 21, 2009, when all the cap numbers were used.
The FY11 filings are even lighter than in FY10. As of the most recent count, dated May 21, 2010, only 19,600 cases have been filed against the regular cap. The advanced-degree cap count as of the same date is 8,200. The FY10 count, in approximately the same timeframe, included more than twice as many filings against both caps. This decrease is believed to be tied to the economy as well as to the chilling effect of the current USCIS adjudication trends and standards.
The bad news, for some, is that it has become more difficult to obtain H1B approvals. However, it is possible to obtain H1B approvals for well-documented cases. It is necessary to provide clear evidence regarding the position to be performed, the employer-employee relationship, and, in some cases, general, overall compliance with the H1B requirements on the part of the employer.
Thus, the good news is that the difficulty in obtaining approvals, combined with the current economy, translates into ample cap number availability, as of this writing. Of course, getting an approval will require a complete and detailed H1B petition filing on behalf of a qualified candidate. www.greencardapply.com/news/news10/news10_0605.htm
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