Since the Department of Labor's ("DOL's") temporary computer problems have recently been remedied, the large number of H-1B petitions that were awaiting resolution of these problems will be filed in the very near future, making it almost certain that the 115,000 cap on new H-1B approvals for the 1999 fiscal year will be reached by mid-April or early May of this year. We have been informed that between 10,000 and 11,000 new H-1B petitions are being processed on a monthly basis at the INS Service Centers.
In view of the high probability that the H-1B cap will be reached within the next two months, all employers who are considering hiring foreign specialty workers in H-1B status are urged to file their petitions for these persons as soon as possible. In particular, companies that currently employ persons in F-1 Practical Training status and plan to change the status of such persons to H-1B when their practical training periods draw near are advised to prepare and file their H-1B change of status applications without delay. A failure to do so may result in an interruption in the employee's employment if the expiration of the employee's practical training occurs after the H-1B cap has been reached, but before October 1, 1999.
Please note that the 115,000 H-1B cap applies only to new petitions; extension applications and petitions for persons already in H-1B status who wish to change their employers are not included in the INS' count.
All further developments with respect to the 115,000 H-1B cap will be closely monitored by the Cooley Godward LLP Immigration Practice Group.