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  #16 (permalink)  
Old 04-05-2007, 08:15 PM
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This is my opinion for your questions.

Quote:
Originally Posted by das0
Maybe,...

1. If USCIS get <= 20k on April 1 (sunday), 2 and 3, all US-MS petitions are guaranteed to be at least processed ??

Yes.

2. If UCSIS get > 20k on April 1 (sunday), 2 and 3, then i guess, all 20k+ numbers with receipt date including that date when USCIS officially announce H1B-US_MS cap reached, will be under random lotter??
Yes.
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  #17 (permalink)  
Old 04-05-2007, 08:33 PM
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logically speaking lottery will be applied only on the applications that have crossed the limit. for 20000 MS H1 quota assume on April 4 the numbr of applications recieved is 18000 and on April 5 the number of applications recieved is 4000, then lottery will be held for the 4000 applications to determine the 2000 cases. All applications recieved on and after april 6 will be returned.

This is just my logical reasoning.

Quote:
Originally Posted by k3GC
If less than 20,000 MS H1B applications were received on April 2, what will be the rules of the lottery? Will all those whose applications were received on April 2 be guaranteed a H1? In this case,will lottery apply for April 3 and April 4?
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  #18 (permalink)  
Old 04-05-2007, 09:39 PM
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Quote:
Originally Posted by pitha
logically speaking lottery will be applied only on the applications that have crossed the limit. for 20000 MS H1 quota assume on April 4 the numbr of applications recieved is 18000 and on April 5 the number of applications recieved is 4000, then lottery will be held for the 4000 applications to determine the 2000 cases. All applications recieved on and after april 6 will be returned.

This is just my logical reasoning.
Pitha,

I totally agree with you. I hope this is what USCIS will do actually.
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  #19 (permalink)  
Old 04-05-2007, 09:49 PM
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# USCIS has just released their tally of cap filings as of 04/04/2007, Wednesday. In two days (04/02 and 04/03), they received 133,000 unique pieces of mail containing H-1B petitions, which turned out to be lower than 150,000 which they had initially reported. They reached the updated number following a physical count of the mail. Each piece of mail may contain more than one H-1B petition and it will take USCIS a substantial amount of time to open and sort through that volume of mail. It is a good news in a way that at the end, the total may turn out to be less than guestimate in the community and the rate of odds for winning in the lottery may be much more promising than the one initially anticipated in the rumors.
# As of Wednesday, total they sorted out and each type of cases identified were as follows:

* Total Sorted Out: 32,755
* General cap cases: 28,052
* U.S. Master or higher degree cases: 4,703

# The USCIS promises to update report from time time as they continue to sort out the remaining packages.
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  #20 (permalink)  
Old 04-05-2007, 11:30 PM
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Default Harish28 please spread the word in student community

Please spread the word about the issues & www.immigrationVOICE.org in student community to help fight our cause

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  #21 (permalink)  
Old 04-06-2007, 12:27 PM
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Harish,

In the initial update release by INS, it is stated that

"USCIS will reject all cap-subject H-1B petitions for FY 2008 received on or after Wednesday, April 4, 2007."

They are saying that they will reject and they obviously are not meaning that they will REFUSE the Courier/ Post the application materials received after this date. So, it could happen that they will accept all applications that are being sent but will reject only after they confirm that they have reached the limit.

So, what if Master;s quota does not reach the limit? so still might have a chance. So, try to find an employer who will be willing to hire you and sponsor your H1 under Master;s quota. So, if they have received less applications and start looking for the ones received after April 4th you might stand a chance.

One another factor is "You do not have a masters degree yet and you will not have it until May as you are graduating in May. So how will your application be treated as Masters" here is my thinkng

you will file with all the available supporting documents and you will make it appear as if you indeed are filling under Master's quota. Your application will have insufficient doccumentation and they will raise a query on your app. and by the time this happens you can hope that you will receive your degree, or you will delay it till the maximum possible extent and will send them back with supporting Masters Degree. Again these are just my thinking you might want to validate with some professionals as whether or not this logic stands a chance.

Even, if you do not get a chance to apply now. I do not think you need to defer your master. Go aheah and complete your masters as planned and accept the opt. You will apply for H1 in 2008 for H1 to start from October. Now, the question is about the period June - October 2008. You can enril your selves in some short term course, Kaplan has some which will also give you I20. So these courses will help you sail during this period.

Hope this long content helps!!!
Techquest
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  #22 (permalink)  
Old 04-06-2007, 12:28 PM
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das0 is on a distinguished road
Default h1b fees refund back?

Did anyone get refund back?

Did any US-MS get refund back?



From immigration-law.com:


04/06/2007: What Does Refund Checks from USCIS for FY 2008 H-1B Cap Filing Mean?

There are a growing number of reports from the H-1B cap filers beginning from late yesterday that they started receiving "refund" of filing fees from the CSC or VSC. These are the cases of the petitioners whose filing fee checks have been cashed by the Service Centers. We do not know whether this news implies that the USCIS has completed the job of sorting-out and data-enties for all the cases and the random selection process has commenced. Assuming otherwise, one wonders how they have decided that these cases have been not selected and the filing fees should be refunded. There are two theories as to how the random selection would be conducted. Obviously, the entire cases should be data-entried before they can start a random selection process. Otherwise, the random selection process will be not scientic and too arbitrary. But no one knows. One theory is that in order to make the data entries, they should take the filing fees and the payment of these fees will have to be refunded for those which fail to make it. Other theory is that the checks will not be deposited until the selections are made. Currently the process of random selection remains a mystery. However, the fact that refund checks started being mailed out may indicate that the first theory is more likely than the second theory, and there is a possibility that the random selection is made by the computer during the process of data entry rather than after completion of data-entries of the entire cases. Since they had only opened and sorted out a little over 34,000 cases, it may be hard to believe that yesterday they could have completed sorting out of the entire remaining cases in one day. Please stay tuned to this website for the development of H-1B lottery results.
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  #23 (permalink)  
Old 04-06-2007, 12:49 PM
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[quote=techquest]Harish,
> you will file with all the available supporting documents and you will make it > appear as if you indeed are filling under Master's quota. Your application
> will have insufficient doccumentation and they will raise a query on your
> app. and by the time this happens you can hope that you will receive your
> degree, or you will delay it till the maximum possible extent and will send
> them back with supporting Masters Degree. Again these are just my
> thinking you might want to validate with some professionals as whether or
> not this logic stands a chance.

As a general rule, any additional evidence you provide must prove that you had the right status (in this case, your M.S.) at the time of filing.
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  #24 (permalink)  
Old 04-06-2007, 02:52 PM
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Quote:
Originally Posted by manderson
Go for another M.S. to maintain F1. It doesn't have to be a phD.
In that case I would say go for PhD. Directly file GC under EB1 - no hassle no retrogression
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  #25 (permalink)  
Old 04-06-2007, 03:13 PM
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Quote:
Originally Posted by ItIsNotFunny
In that case I would say go for PhD. Directly file GC under EB1 - no hassle no retrogression
Myth: Phd's do not automatically qualify for EB1

Fact/Reality: Lot of Phd's on the forum are in EB2.
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  #26 (permalink)  
Old 04-07-2007, 01:39 AM
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Default USCIS visa allotment procedure

If the authorities were really clever they should have accepted the 65000 with highest salaries instead of doing something random like a lottery. This in turn would have forced employers to raise wages to have a meaningful shot at getting a visa.
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  #27 (permalink)  
Old 04-07-2007, 01:42 AM
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Default LCA can be changed or amended later

Quote:
Originally Posted by seattleboy
If the authorities were really clever they should have accepted the 65000 with highest salaries instead of doing something random like a lottery. This in turn would have forced employers to raise wages to have a meaningful shot at getting a visa.
employer can very well get a new LCA with lower wage later and pay less to the employee.
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  #28 (permalink)  
Old 04-07-2007, 04:06 PM
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Default date when the Masters quota will dry up

Quote:
Originally Posted by sgorla
First of all, welcome to IV!

So far there is no information about how many H1B applications have been filed under US Master's or higher quota, but there is a rumor that it may reach as early as this week (I can't provide you a source for this rumor).

There is no tracking facility provided by the USCIS, however they will issue new release if the cap is reached. Note that the USCIS has to go through all the petitions they received so far to estimate how many of those applications fall into this specific category. As of now, the USCIS is accepting new H1B petitions falling under master's quota.

You may want to re-enroll as a student at one of the universities after June'08 to maintain your status, if you can not file for new H1B this fiscal year.

Hope this helps!


Do you think that all applications filed under Masters quota from April 2-6 will be accepted? Do you think people whose applications reached the USCIS on April 6, stand a chance under the Masters quota?
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  #29 (permalink)  
Old 04-07-2007, 06:57 PM
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I feel that both quotas are over on 2nd/3rd. out of 33K counter 5K are masters cap. out of 150K-170K wont there be 20K? My answer is yes. The only added advantage is any of the folks who filed under masters quota and didnt win the lottery in 20K will get another lottery chance at the normal cap.
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  #30 (permalink)  
Old 04-09-2007, 03:37 AM
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I am going to file my h1 application tomorrow under the master's qouta. I know its nearly impossible that my petition would be approved but I have no other choice. I just have one question:

1. Should I go for a premium processing?

<<My OPT expires may 15th and my employer is still willing to file my h1 tomorrow. If I go for premium processing, that will atleast stop me from getting an admit into a community college this fall to maintain my status>>

Advice please. Also there is no way they will increase the h1b on the master's qouta, right ?
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