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Immigration Daily

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Immigration Daily March 20, 2007
Previous Issues
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H1B Cap And Lottery Chances

For the FY 2008 H-1B cap (beginning October 1, 2007), H-1B petitions can be filed six months in advance, i.e. on April 1, 2007. Since April 1, 2007 falls on a Sunday, petitions received on April 2, 2007 will be considered filed on the first date that the filing for the FY 2008 H-1B cap is open. When will the FY 2008 H-1B cap be reached? What's the chance of winning the lottery for the H-1B cap? Here's our best educated guesses on these two questions.

We guess that 80,000 H-1B petitions will be filed based on the following estimates: large law firms = 30,000 petitions, small law firms = 15,000 petitions, large H-1B dependents = 25,000 petitions, small H-1B dependents = 10,000 petitions (there have been reports that 10,000 petitions will be filed by two large H-1B dependent corporations, we have found no basis to these rumors). If the H-1B cap is reached on April 2, 2007, the first date on which petitions subject to the applicable cap may be filed, the lottery will randomize petitions received on BOTH 4/2/07 and 4/3/07, per 8 CFR 214.2(h)(8)(ii)(B): "... If the final receipt date is the same as the first date on which petitions subject to the applicable cap may be filed (i.e., if the cap is reached on the first day filings can be made), USCIS will randomly apply all of the numbers among the petitions filed on the final receipt date and the following day." Based on our guesstimate of 80,000 petitions filed, there is an excellent chance of winning the H-1B lottery.

Here are some related observations:

  • No one can count such a large volume of filings in a day. The final cap announcement will likely be retroactive.
  • Once petitions have been completed, they must be filed properly. There is confusion amongst the attorneys and corporations about the USCIS's policies for acceptance of mail, courier, etc. We urge USCIS to be transparent about filing policies by issuing press releases and/or Federal Register announcements about the methods it will accept for H-1B filings
  • To file a large volume of H-1B petitions, immigration law firm staff will have to work long hours and on weekends from now on until the cap is reached
  • The artificiality of the deadline weighs in favor of well-prepared mass filers, that's why we expect the majority of the visas will be for tech positions
  • Instead of 65,000 individuals arriving on H-1B visas, we believe that less 50,000 individuals will arrive. This is because some individuals will have multiple H-1B petitions approved as several companies vie for the best job candidates
  • There will be life after the cap. ILW.COM is holding (3) workshops on March 26th, 29th, 30th. Attending these workshops will enhance your immigration law practice long after the cap is a memory (for more info, see here). The latest information on the H-1B cap will be discussed on March 22nd at our telephone seminar. For more info, see here.
We welcome readers to share their opinion and ideas with us by writing to


Deadline For Filing H-1Bs, I-140 Tips, Etc Is Wed, March 21st

The curriculum for I-140 Tips And Resolving Benefits Problems is as follows:

FIRST Phone Session on Mar 22: Vermont Service Center & California Service Center

  • Latest information on Filing H1B Applications on April 2nd
  • New Direct Filing Initiative
  • Common Problems & Issues at VSC & CSC
  • Transfer of I-485
  • USCIS Memo on FBI Checks
  • I-130 Issues

SECOND Phone Session on Apr 19: Nebraska Service Center & Texas Service Center

  • I-140 Degree Equivalencies & Ability to Pay
  • New case law on degree equivalencies
  • I-485 Issues
  • Dual EADs (NIV based and AOS based?)

THIRD Phone Session on May 10: National Benefits Center, CIS Ombudsman, & AAO/BIA

  • Recent AAO Decisions & Issues
  • Update on NBC Processing and Common Problems
  • The Ombudsman's Role & Recent Activities
  • Recent BIA Decision on CSPA
The deadline to sign up is Wednesday, March 21st. For more info, including speaker bios, detailed curriculum, and registration information, please see: version:


PERM Pointers, Pitfalls And Puzzles
Edward Litwin, et al. provide information from the recently concluded seminar series.

To submit an article for consideration in Immigration Daily, contact:


CRS On S Visas
The Congressional Research Service issued a report on s visas for criminals and terrorist informants.


Help Wanted: Immigration Paralegal
Greensfelder, Hemker & Gale, P.C., a full-service business law firm has an opening for full-time Immigration Paralegal to join our Firm's Immigration Practice Group. The qualified applicant will be detail oriented and have 2 + years of experience in Immigration Law with strong technical skills. Experience with H1B and PERM required. Experience with religious workers, healthcare workers, and multinational transferees a plus. On-line case management experience preferred and strong computer skills required. BA/BS degree and a paralegal degree or certificate from an ABA/AafPE accredited program is preferred. We offer a business casual work environment with a competitive benefit and compensation package with medical, dental, life, disability coverage, 401k, parking stipend and much more. Greensfelder, Hemker & Gale, P.C. is an internationally recognized, Missouri-based law firm located in St. Louis. E-mail or send your cover letter and resume to Attn: S. Allen, Greensfelder, Hemker & Gale, P.C., 10 S. Broadway, St. Louis, MO 63102, EOE.

Help Wanted: Immigration Attorneys
The Murthy Law Firm, located in Owings Mills, a few minutes from downtown Baltimore, Maryland, welcomes resumes from attorneys with 7-10 years' experience in business immigration law. With a staff of over 50, we are able to tailor the position to your interests and strengths, so that you augment our team of 12 attorneys, who manage departments and other legal areas. Our practice is dynamic and fast-paced. Applicants must have an in-depth understanding and knowledge of the various immigration procedures and are expected to supervise paralegals and support staff. Good writing and analytical skills required. We utilize our website and our proprietary case-management system to provide the highest quality of service to our clients. As a boutique practice, we're able to maintain the personal connection to our clients that they have come to expect and on which our reputation is built. Salary + benefits commensurate with experience and abilities. EOE. Resume and cover letter should be emailed to:, with Attorney Position in the subject line. Your communication will be treated in confidence.

Back Office Services
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendaring, clerical & archival. Adnet Services, Inc. Headquartered in New York City, Adnet Services provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. Contact Johaina Mumtaz at or call 212 406-3503 ext 224.

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - Las Vegas, NV
The AILA Texas Chapter is very excited to announce that we have several additional confirmed government speakers added to our agenda for the Texas Chapter spring conference in Las Vegas. With 15 CLE hours and a fantastic faculty, this is an advanced immigration practice seminar you do not want to miss. Early Bird Registration and the AILA Texas Chapter Group Rate end on March 19th. Register today. For more information, see here. For the registration form, see here. ILW.COM is pleased to be a media sponsor for this event.

New Associate - San Jose, CA
Tiffany V. Biason has joined the corporate migration law group of Littler Mendelson, PC in San Jose, California, as an associate attorney. Tiffany joins Littler in San Jose from a previous firm in New York City where she began her legal career. She received her JD from the University of Maryland School of Law and her BA in government from Cornell University. The corporate migration law group of Littler Mendelson, PC is headquartered in Phoenix, Arizona and has grown to offices in Chicago, Atlanta, San Jose, Shanghai, China, and Bangalore, India.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
So many illigals are complaining about fees and taxes on them the poor. ILW.COM accepts only biased views in favor of illigals. How is lawlessness of breaking into a country stealing the heritage of Americans ever going to become lawful. Its impossible. Lawlessness breeds lawlessness. The view of equality is this: Whover lawfully possesses, when stolen from becomes equality. God would shudder at these views of justice and equality. Thieves complain about ethics.

David Utterback

Dear Editor:
I'm working on a project to gather myths about undocumented workers or as the right-wing calls it, Illegal aliens, for the purpose of confronting a few right-wing radio talk shows broadcasters here 30 miles north of Atlanta. Can anybody help?

Guillermo Kuhl
Cumming, GA

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2007 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X