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FY-2012 H-1B Cap Approaching

Speeding Train 144876116The FY-2012 H-1B cap is approaching fast with about 8,000 FY-2012 H-1B cap subject visas remaining for the current fiscal year (FY-2012) as of November 18, 2011. As of November 18, 2011, USCIS had received approximately 61,800 H-1B petitions counting toward the 65,000 annual FY-2012 H-1B cap and approximately 20,000 petitions toward the 20,000 FY-2012 H-1B cap exemption for individuals with advanced degrees.

Employers who wish to file a FY-2013 H-1B for positions starting prior to October 01, 2012 should file as soon as possible.¬†Otherwise, employers must wait to file until April 01, 2012, for a start date of no earlier than October 01, 2012 (the beginning of the government’s FY-2013).

Also, unless they file during FY-2012, it is highly likely that employers will be subject to new rules being imposed on employers to pre-register for H-1B filings prior to filing H-1B petitions, which are set to go into effect some time in March 2012 unless USCIS reverses its decision to introduce the H-1B pre-registration program (there has been some talk about suspension of the program due to a perceived disadvantage to smaller and start-up companies).

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