I posted a similar blog earlier this year. Last week USCIS announced the FY 2012 H-1B cap exhausted. There are several things to draw from this.
First, and on a positive note, when the economy is doing well companies are hiring. For FY 2011 the cap exhausted in January of 2011. For FY 2012 the H-1B cap exhausted in November; two months earlier. While clearly note the sole nor a scientific indicia of a recovering economy, there is something to be said here.
Second, we still need change. This is the primary opportunity for President Obama to issue an executive order suspending the filing regulations for FY 2013, allow filings now, and also order DOS/DHS to issue advanced paroles to those who get their H's approved. This would allow the economy to continue to grow!
Third, we still need change. The exhaustion of a cap (that is much too limiting) should be a key topic when discussing comprehensive immigration reform with anyone; whether its a senator, representative, your grandmother, your co-worker or your friend. Why do we want to limit our potential economic growth? It's simple. The voters are entitled and not privileged. They are entitled to jobs and don't feel the privilege of getting one and working one. Case in point is the Alabama law. Not only did it scare away those who are undocumented or without employment authorization, but those who were born here and out of work certainly haven't stepped to the plate to cover the employee shortages.
The exhuastion of the H-1B cap does not mean that cap-exempt filings are precluded and these should continue to be filed. As well, if there is an employee who is transferring over that has been previously counted against the cap then these cases should also be filed. However, any transfers of employment where the beneficiary was not counted against the cap (from a school to a private employer as an example) cannot be filed until April of 2012 and the person cannot start working until October 1, 2012. It's always best to check with your in house counsel and/or an immigration lawyer on these issues prior to proceeding.