From the ISSS-BU News Update for 04 April 2007
H-1B Cap Reached on First Filing Date for Fiscal Year 2008
U.S. Citizenship and Immigration Services (USCIS) announced on April 3, 2007 that it had received enough H-1B petitions as of Monday, April 2, 2007 to meet the mandated cap for Fiscal Year 2008, which begins October 1, 2007. USCIS reported that it had received more than 150,000 cap-subject H-1B petitions by Monday afternoon. Thus, April 2 has been set as the "final receipt date" for Fiscal Year 2008.
In keeping with its regulations, when the cap limit is reached on the first day of filing, a computer-generated random selection process applies, including cases filed on the "final receipt date" and the following date, which is April 3, 2007. Any cap-subject H-1B applications received on or after April 4, 2007 will be rejected.
Before the random selection process can begin, USCIS has to first data-enter all the H1B applications it received on April 2 and 3. With so many applications to data-enter, USCIS has indicated that the random selection process will likely not take place for several weeks. If an H-1B application received on April 2 or 3 is ultimately not chosen as part of the random selection process, the case will be rejected and the filing fee will be returned.
As many of our readers are aware, the first 20,000 H-1B petitions filed on behalf of applicants with U.S.-earned Master's or higher degrees are exempt from any fiscal year cap. USCIS does not yet know how many of these petitions it has received, because those petitions are mixed in with the cap-subject cases received on April 2 and 3. USCIS will make a future announcement regarding the "final receipt date" for those petitions.
This is the first time that the H-1B cap has been reached on the very first day of filing.
Please note that petitions filed on behalf of current H-1B workers do not count towards the mandated cap. Also, petitions being filed where the employer is a U.S. college or university are exempt from the mandated cap.
To read the USCIS press release, visit the following link:
http://www.uscis.gov/files/pressrelease/H1BFY08Cap040307.pdf