The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of May 11, 2012, the Service had received:

• Regular H-1B Cap:  36,700
• U.S. Masters H-1B Cap: 14,800

Close to 4,000 regular H1B cap cases were filed between May 4 and May 11.  At this rate, it’s likely both caps will be exhausted by the end of May or early June.  If you’re going to file an H-1B case for a foreign professional worker, make sure to get it filed as soon as possible.

We will continue to keep you updated at www.bashyamspiro.com.

Somali nationals with TPS who are seeking to re-register for TPS must file their application packages during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somalis (or persons without nationality who last habitually resided in Somalia) in the United States who do not currently have TPS may apply under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012.

The extension of the current Somalia TPS designation is due to the continued disruption of living conditions in the country based upon extraordinary and temporary conditions that prompted the U.S. Attorney General’s re-designation of Somalia for TPS on Sept. 4, 2001. The Secretary’s re-designation is based on on-going armed conflict and the worsening of conditions on the ground, including the effects of the recent severe drought in Somalia.

A Somali national may be eligible under the re-designation if she or he has continuously resided in the United States since May 1, 2012, and has been continuously physically present in the United States since Sept. 18, 2012.

DHS anticipates that there are approximately 250 individuals who will be eligible to re-register for TPS under the existing designation of Somalia and estimates that fewer than 1,000 additional individuals will be eligible for TPS under the re-designation.

Please visit this LINK for instructions on how to apply for TPS.

We will provide updates at www.bashyamspiro.com.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of May 4, 2012, the Service had received:

• Regular H-1B Cap:  32,500
• U.S. Masters H-1B Cap: 13,700

The regular H-1B cap is almost half over.  The Master’s degree cap only has 6,300 numbers left.

As we’ve mentioned before, it’s likely both caps will be exhausted by the end of May or early June.  If you’re going to file an H-1B case for a foreign professional worker, make sure to get it filed as soon as possible.

We will continue to keep you updated at www.bashyamspiro.com.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 27, 2012, the Service had received:

• Regular H-1B Cap:  29,200
• U.S. Masters H-1B Cap: 12,300

The regular H-1B cap numbers are moving at approximately 5,000 per week.  If that rate holds, then it’s likely that the cap will be reached around the end of May.

We will continue to keep you updated at www.bashyamspiro.com.

Since the announcement, there have been many public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect. To address these issues, USCIS advises as follows:

• The Provisional Unlawful Presence Waiver is NOT in effect. The provisional unlawful presence waiver will not be available to potential applicants until an effective date is specified in the final rule USCIS will publish later this year in the Federal Register.

• Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting a provisional waiver and return the application and any related fees to the applicant. USCIS cannot accept requests for a provisional waiver until the process change takes effect.

• Beware of notarios, or other individuals who are not authorized to practice immigration law, who claim they can help you get a provisional waiver.These individuals also may ask you to pay them money upfront to file an application for a provisional waiver. Avoid such scams. Learn to protect yourself and your family against unauthorized practitioners and immigration scams by visiting www.uscis.gov/avoidscams.

• If you have been scheduled for your immigrant visa interview with the U.S. Department of State, attend the interview. The Department of State may cancel your immigrant visa registration if you fail to appear for your interview.

A detailed Web page addressing the proposed rule is currently posted to www.uscis.gov/provisionalwaiver.

We will keep you updated at www.bashyamspiro.com.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 20, 2012, the Service had received:

• Regular H-1B Cap:  25,000
• U.S. Masters H-1B Cap: 10,900

We will continue to keep you updated at www.bashyamspiro.com.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 13, 2012, the Service had received:

• Regular H-1B Cap:  20,600
• U.S. Masters H-1B Cap: 9,700

This is nearly double the H-1B filings compared to the same time last year.

We will continue to keep you updated at www.bashyamspiro.com.

The H-1B cap is set at 65,000 and the Advanced Degree cap is set at 20,000.

As of April 9, 2012, the Service had received:

• Regular H-1B Cap:  17,400
• U.S. Masters H-1B Cap: 8,200

To compare these numbers with prior years:

In 2011, the numbers dipped significantly.  By April 10, 2011:

• Regular H-1B Cap: 5,900
• U.S. Masters H-1B Cap: 4,500

To illustrate what an anomaly last year was, on April 8, 2010, the USCIS reported:

• Regular H-1B Cap:  13,500
• U.S. Masters H-1B Cap: 5,600

And for further perspective, see how long it took to reach the cap in previous years:

• Fiscal Year 2012: cap was reached November 22, 2011
• Fiscal Year 2011: cap was reached January 26, 2011
• Fiscal Year 2010: cap was reached December 21, 2009
• Fiscal Year 2009: cap was reached April 7, 2008 (190,000 total applications were received in one week, USCIS conducted a lottery)
• Fiscal Year 2008: cap was reached April 3, 2007 (150,000 applications were received in 3 days, USCIS conducted a lottery)
• Fiscal Year 2007: cap was reached May 26, 2006

Obviously, there is an ‘uptick’ in H1B activity this year. It’s nowhere near where it was in ’07 and ’08, but still, we predict that the 2013 cap will reached within the next two (2) months.

This means you need to get your application filed ASAP!

We will provide updates on www.bashyamspiro.com.

Although most categories of nonimmigrant visa processing fees will increase, the fee for E visas (treaty-traders and treaty-investors) and K visas (for fiancé(e)s of U.S. citizens) will decrease.

To view the list of new visa processing fees, please click HERE.

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. Mr. Oppenheim understands that USCIS will contine to receive and process applications for adjustment of status for aliens with priority dates prior to the date established in the April 2012 Visa Bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to and held by Visa Control at DOS in a “pending” file until new visas are available beginning with FY2013 on October 1, 2012. Mr. Oppenheim advises that an item in the May Visa Bulletin will address the EB-2 movement.

This is certainly not good news for Indian and Chinese nationals who have recently filed I-485 Adjustment of Status applications under the EB-2 category.  These applications will now wait adjudication by USCIS until the applicant’s priority dates become ‘current’ again.  However, applicants can continue to renew their Employment Authorization (EAD) and Advance Parole (Travel) Documents while their adjustment applications are pending.

We will keep you updated via www.bashyamspiro.com.