March 19, 2007

FY 2008 H-1B Quota

For fiscal year 2007, the H-1B cap was reached on May 26, 2006. For fiscal year 2008, many speculate that the H-1B cap will be reached within the first day or two of filing, April 2nd or April 3rd 2007. April 2 is the first day that H-1B petitions for FY 2008 can be filed with the U.S. Citizenship & Immigration Services. (Petitions can be filed no more than six months before the October 1, 2007 start date of the U.S. Government fiscal year). Whether or not the speculation is correct, GT plans to file all completed cap-subject H-1B petitions as soon as possible. USCIS has advised that if a sufficient number of petitions to exhaust the quota is received on the first or second day of filing eligibility, the USCIS will apply the “random selection” lottery to the petitions received. We strongly urge employers who are considering filing H-1B petition on behalf of their eligible employees complete the necessary paperwork this week and communicate to all parties involved timing is critical and delays could jeopardize a person’s ability to obtain H-1B status for this fiscal years. None will be available again until on October 1, 2008 start date.