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USCIS has advised AILA that, as of August 4, 2004, it had received 40,000 cap-subject H-1B filings subject to the fiscal 2005 cap. Of those filings, 21,000 have been approved; the rest are in the pipleline. Fiscal year 2005 starts October 1, 2004.

USCIS has also reported that it has adjudicated 56,100 approvals toward the fiscal 2004 H-1B cap so far. There remain other 2004 cases, such as those caught in IBIS checks, for which the remaining 2,100 numbers (65,000 minus the Chile/Singapore numbers) are expected to be applied. These are the numbers for which filings were cut off in February 2004. Fiscal year 2004 ends September 30, 2004.

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USCIS Reaches H-1B Cap

Posted on AILA InfoNet at Doc. No. 04021711 (Feb. 17, 2004) .

Press Office
U.S. Department of Homeland Security

February 17, 2004

Contact: USCIS, Public Affairs
202-353-8472

Press Release

USCIS ANNOUNCES NEW H-1B PROCEDURES - REACHES CAP

Washington, D.C.-- U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

USCIS has implemented the following procedure for the remainder of FY 2004:

• USCIS will process all petitions filed for first-time employment received by the end of business today.
• USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today.
• Returned petitions will be accompanied by the filing fee
• Petitioners may re-submit their petitions when H-1B visas become available for FY 2005
• The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004

Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States
• Change the terms of employment for current H-1B workers
• Allow current H-1B workers to change employers
• Allow current H-1B workers to work concurrently in a second H-1B position

USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing our nation's security.