New guidelines for H-1B cap cases from CIS

The H-1B cap deadline is next week. All petitions for a new H-1B to start anytime from 10/1/09 to 9/31/10 (unless for a cap-exempt organization) need to be filed with USCIS by April 1, 2009. As reminder, the people most like to need a H-1B in that period include:

• foreign national students whose current work authorization expires before 9/30/10;
• people who need to change from another work-authorized status, e.g. TN holders who want to start permanent residence or L-1B holders reaching their maximum stay; and
• people who might not need H-1B status till after 10/1/10, but want more than one chance at the H-1B lottery. This means that foreign nationals reaching their maximum L-1 stay before 10/1/2011 should possibly apply for H-1B status by 4/1/09.

To help employers and their attorneys, USCIS released various guidance documents listed here. These documents include information on the H-1B restrictions that apply to employers who received TARP funding (see earlier posting here) and on the 2010 cap general, including a Question and Answer format here.