“Due to the high number of I-129 petitions filed with USCIS recently, customers will experience a longer than usual period of time to receive their receipt notice from USCIS. Usually customers who have received a delivery confirmation can expect to receive their USCIS receipt notice within 30 days of that date. However, due to the unexpectedly high volume of applications, it may be an additional 2 to 4 weeks. Customers who do not receive notification of receipt within 60 days of their delivery confirmation date should contact the appropriate Service Center for further information. This is a temporary situation and we apologize for any inconvenience this may cause.”

The Department of State made the following statement in the June Visa Bulletin:

Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries other than China and India.  Such action may be required at any time during the next few months. 

This does not mean this is necessarily a done deal. The visa bulletin also included the following:

Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.

We will keep you updated as soon as we know anything further.

H-1B Regular Cap: 42,000 (65,000 available)

H-1B Master’s Degree Exemption: 16,000 (20,000 available)

Total Petitions Received throughMay 11, 2012: 58,000

Summary of What We Have Seen So Far

1^st Reporting Period: April 2 to April 9 (7 Mail Delivery Days)

Regular: 17,400; Masters: 8,200 (25,600 total)

2^nd Reporting Period: April 10 to April 20 (10 Mail Delivery Days)

Regular: 7,600; Masters: 2,700 (10,300 total)

3^rd Reporting Period: April 21 to April 27 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,400 (5,600 total)

4^th Reporting Period: April 28 to May 4 (7 Mail Delivery Days)

Regular: 3,300; Masters: 1,400 (4,700 total)

5^th Reporting Period: May 5 to May 11 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,100 (5,300 total)

6^th Reporting Period: May 12 to May 18 (6 Mail Delivery Days)

Regular: 5,300; Masters: 1,200 (6,500 total)

Playing With the Numbers – Guessing When the Cap Might Run Out

This most recent period saw another increase in the filing rate. This 6 day mailing period represents a rate of filing of about 6,500 per week, up from the rate of the last 6 day period, which was about 5,300 per week.

The rough average weekly filing rate for the period from April 10 to May 18 (this excludes the rush of the first week) is about 6,500. (32,000 petitions filed in 5 week period = 6,480 per week).

Again, this is not a scientific study and covers only a small sample, so take it with a grain of salt. Extrapolating out, this is how the cap might work out at the current rates.

58,000 total petitions have been filed to date. That leaves 27,000 petitions available (85,000 – 58,000).  27,000 divided by the current average rate of approximately 6,500 per 6 day mailing week equals approximately four weeks. Four  weeks from May 18 is Friday, June 15^th.

Historically, as people see the cap getting close there is typically a rush to file, so the last couple of weeks see a significant increase.  That, in conjunction with the increase in filings for the last reported week, suggests that if filing continues at the current and historical rates, we will  probably see the cap run out in the first week of June.

Of interest is the fact that others are calculating a later date for the cap to run out. Some of them are calculating based only on the rate of regular filings, and seem not to consider the possibility that when the masters cap runs out, as it will soon, those cases will simply move down and be filed in the regular cap category. We believe the rate of filing that should be used is the one which includes both the regular and masters cap case numbers.

Employment Based 2nd Preference Dates - June 2012

Employment Based 3rd Preference Dates - June 2012

India/China Second Preference Discussion

The Department of State (DOS) has indicated that despite the retrogression of the China and India Second Preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. The number of cases being filed to upgrade from the Third Preference category to the Second Preference category was so great, DOS determined it was necessary to make the China and India Second Preference category “unavailable” in early April. The DOS has indicated the category will remain unavailable for the remainder of 2012.

Numbers will once again be available for China and India beginning October 1, 2012 and every effort will be made to return the cut-off date to the May 1, 2010 date which had been reached in April of 2012, though current indications are that it will not occur before spring 2013.

USCIS will continue to accept China and India Second Preference cases during May based on the originally announced May cut-off date. These cases will be accepted for filing and EAD cards and Advance Parole travel documents will be issued, but the cases will not be finished and greencards will not be issued until the visa numbers become available again.

H-1B Regular Cap: 36,700 (65,000 available)

H-1B Master’s Degree Exemption: 14,800 (20,000 available)

Total Petitions Received throughMay 11, 2012: 51,500

Summary of What We Have Seen So Far

1^st Reporting Period: April 2 to April 9 (7 Mail Delivery Days)

Regular: 17,400; Masters: 8,200

2^nd Reporting Period: April 10 to April 20 (10 Mail Delivery Days)

Regular: 7,600; Masters: 2,700

3^rd Reporting Period: April 21 to April 27 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,400

4^th Reporting Period: April 28 to May 4 (7 Mail Delivery Days)

Regular: 3,300; Masters: 1,400

5^th Reporting Period: May 5 to May 11 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,100

Playing With the Numbers – Guessing When the Cap Might Run Out

This most recent period saw a slight increase of the filing rate. This 6 day mailing period represents a rate of filing of about 5,300 per week, up from the rate of the last 6 day period, which was about 4,000 per week, but down from the rate of about 6,000 per week during the second and third reporting periods.  The rough average weekly filing rate for the period from April 10 to May 11 (this excludes the rush of the first week) is about 5,500.

Again, this is not a scientific study and covers only a small sample, so take it with a grain of salt. Extrapolating out, this is how the cap might work out at the current rates.

25,600 total petitions were filed in the first reporting period, the big cap open rush, which ran from April 2 to April 9. That left 59,400 total petitions (85,000 – 25,600).

59,400 divided by the current average rate of approximately 5,500 per 6 day mailing week equals approximately eleven weeks. Eleven weeks from April 9 is Monday, June 18^th.

Historically, as people see the cap getting close there is typically a rush to file, so the last couple of weeks see a significant increase. My prediction is that if filing continues at the current rates, we will see the cap run out in the first week of June.

Hammond Law Group salutes nurses around the world during National Nurses Week in the United States. Thank you for all of your hard work and the fantastic care you provide to us in the United States and to people throughout the world.

H-1B Regular Cap: 32,500 (65,000 available)

H-1B Master’s Degree Exemption: 13,700 (20,000 available)

Total Petitions Received through May 4, 2012: 46,200

Summary of What We Have Seen So Far

April 2 to April 9 (7 Mail Delivery Days)

Regular: 17,400; Masters: 8,200

April 10 to April 20 (10 Mail Delivery Days)

Regular: 7,600; Masters: 2,700

April 21 to April 27 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,400

April 28 to May 4 (7 Mail Delivery Days)

Regular: 3,300; Masters: 1,400

This represents a slight slowing of the filing rate. This period, modified to reflect a 6 day mailing period, represents a rate of filing of about 4,000 per week, down from the rate of about 6,000 per week during the second and third reporting periods. Again, this is not a scientific study and covers only a small sample, so take it with a grain of salt. However, if we continue to see filings running even at this rate, don’t be surprised if the cap runs out in June.

USCIS has implemented a system to accommodate the large number of H-1B visa petition filings which occur when the filing season first begins. USCIS accepts all cases filed during the first full week, without regard to the total number of cases received. If more than the 85,000 H-1B total visas available (masters and general cap combined) are received during the first week, USCIS holds a random lottery and selects from all of the cases received enough petitions to use the 85,000 available (including a few extras to cover denials). If fewer than 85,000 petitions are received, all petitions are receipted and processed and the cap remains open until a later date.

This means that all petitions received during the first week are not receipted on the day they are received by USCIS. They are held until the first week is over and the determination of the need for a lottery has been made. This year, since the cap was not completely used during the first week, all petitions filed during the first week were given a receipt date of April 9th, the Monday after the first week of filing was completed. Because there was no lottery, it does not matter that they were given a later date than the one on which USCIS actually received them. All were accepted for filing. This explains why all initial cases filed were given a receipt date of April 9, 2013.

H-1B Regular Cap: 29,200 (65,000 available)

H-1B Master’s Degree Exemption: 12,300 (20,000 available)

Total Petitions Received through April 20, 2012: 35,900

Summary of What We Have Seen So Far

April 2 to April 9 (7 Mail Delivery Days)

Regular: 17,400; Masters: 8,200

April 10 to April 20 (10 Mail Delivery Days)

Regular: 7,600; Masters: 2,700

April 21 to April 27 (6 Mail Delivery Days)

Regular: 4,200; Masters: 1,400

While this is by no means an exact science, and only reflects filing for 27 calendar days (a pretty small sample), if you compare the rate of filing for the ten days of reporting period two to the rate of filing for the six days of reporting period three, you get almost exactly the same rate: about 4,500 regular and 1,600 masters cases are being filed each week.

If we continue to see filings at this rate, don’t be surprised if the cap runs out in June. Do we really need to tell you to get on the move if you haven’t already started this year’s H-1B visa filings? Probably not.

H-1B Regular Cap: 25,000 (65,000 available)

H-1B Master’s Degree Exemption: 10,900 (20,000 available)

Total Petitions Received through April 20, 2012: 35,900

In 2011, USCIS released a similar cap count on April 18th:

H-1B Regular Cap: 7,100 (65,000 available)

H-1B Master’s Degree Exemption: 5,100 (20,000 available)

Total Petitions Received through April 18, 2011: 12,200

As you can see, 2012 H-1B filings continue at a rate approaching triple the 2011 rate. If you have not yet started to prepare H-1B petitions for this year, you need to seriously consider taking action now. We simply do not know how long the cap is going to remain open.