We have several updates from last week and this week as the warm weather sinks in.

• Fiscal Year 2009 H-1B Lottery.  We have unofficial word through our national attorney association that the lottery is over, and that all receipts have been mailed.  Contrary to earlier assertions, the USCIS has apparently determined that the number of petitions selected during the random selection process will be sufficient to meet the cap limit. Therefore, the use of the reserve/cushion will not be necessary this year.  In other words, there does not appear to be a “waiting list.”  We have been advised that USCIS has begun to mail out rejections this week. 

We continue to advise foreign national employees to communicate with immigration counsel via their employers well in advance of any international travel.  We have heard recent reports that F-1 students, with approved Fiscal Year 2009 H-1B petitions, may experience difficulties in re-entry to the United States after international travel due to the government prematurely updating the SEVIS system with H-1B approvals, thereby terminating any record of the student’s F-1 status.  Before traveling, students should verify with their Designated School Officials that SEVIS is properly updated to reflect their current immigration status. 

The USCIS today announced an important change that should benefit students who would have otherwise experienced a gap between the expiration of their Employment Authorization Documents and the start of H-1B status on October 1, 2008. Click here to read the full text of the USCIS Update.

We are currently analyzing the impact this announcement will have on H-1B petitions that were just filed for a Fiscal Year 2009 visa and are contacting our clients who may benefit from this "cap gap" remedy.