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BREAKING NEWS

7-7-06

H1B quota for US Masters Degree: 14,000+ out of 20,000 used up as of 7/1/06. Quota expected to run out by 7/21/06: Please see more details and analysis below.

Update on the movement of the Comprehensive Immigration Reform in the House: LEGISLATION INTRODUCED ON Friday June 30, 2006: The "SKIL" bill was introduced in the House on June 30, 2006 by Representative John Shadegg (R-AZ), and several cosponsors:   John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS). The bill includes many of the provisions already included in the Senate comprehensive immigration reform bill:

• Exemptions for U.S. educated foreign workers with master’s or higher degrees from the H-1B and EB green card quotas.

• Creation of a flexible, market-based H-1B cap.

• Extension of foreign students’ post curricular optional practical training from 12 months to 24 months.

• Exemptions for EB green card immigrant spouses and children from the annual cap.

The introduction of the SKIL Bill in the House is a positive sign that both the U.S. Congress and Bush Administration are serious about correcting the growing competitiveness crisis for the United States and reform the visa system for highly educated foreign nationals.

H1 cap usage update as of 6/30/06: The USCIS posted an updated H-1B US Advanced Degree exemption cap count of 13,687 on July 6, 2006, based upon data collected on June 30, 2006. At that time, there were approximately 800 H-1B US Advanced Degree exemption petitions not yet data-entered. At this rate, well over 14,000 H1 petitions have been received against a quota of 20,000. This Counsel expects this quota to be exhausted by July 21st.

Please see the tables below for the mathematical analysis on this usage. For the complete USCIS update, click on:

===========================================================================================

Time Period Working Days Regular Quota Regular US Masters Quota Masters

(Limit 58,200) Filings/Day (Limit 20,000) Filings/Day

Cumulative total Cumulative total

===========================================================================================

04/03/06 to 04/28/06 20 16,737 837/day 2,884 144/day

05/01/06 to 05/12/06 10 34,808 1807/day 4,638 175/day

05/15/06 to 05/16/06 02 39,445 2318/day 5,048 205/day

05/17/06 to 05/19/06 03 42,876 1143/day 5,358 103/day

05/22/06 to 05/23/06 02 45,150 1137/day 5,555 98/day

05/24/06 to 05/26/06 03 58,200 4350/day (?) -------- ---------

05/24/06 to 06/02/06 08 --------- --------- 6,599 130/day

06/05/06 to 06/09/06 05 --------- --------- 7,324 145/day

06/12/06 to 06/20/06 07 --------- --------- 10,261 420/day

06/21/06 to 06/27/06 05 --------- --------- 11,918 331/day

06/28/06 to 06/30/06 03 --------- --------- 13,687 590/day

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |------ |------ |------ |Cap Reached |5/26/2006 |

|H-1B Advanced Degree Exemption |20,000 |4,558 |9,129 |21,000 |13,687 |6/30/20063 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advanced Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

3 The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of 6/30/06, an estimated 500 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted.

| |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |------ |------ |------ |Cap Reached |5/26/2006 |

|H-1B Advanced Degree Exemption |20,000 |3,311 |6,950 |21,000 |11,918 |6/27/20063 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advanced Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

3 The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of 6/27/06, an estimated 800 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted.

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |------ |------ |------ |Cap Reached |5/26/2006 |

|H-1B Advanced Degree Exemption |20,000 |3,311 |6,950 |21,000 |10,261 |6/20/20063 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advanced Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

3 The numbers on the chart for H-1B Advanced Degree Exemption include only receipted petitions. As of 6/20/06, USCIS has identified 500 I-129 H-1B petitions seeking the Advanced Degree exemption and another 1,800 I-129 petitions yet to be sorted.

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |------ |------ |------ |Cap Reached |5/26/2006 |

|H-1B Advance Degree Exemption |20,000 |2,218 |5,106 |21,000 |7,324 |6/9/20063 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

3 The numbers on the chart for H-1B Advance Degree Exemption include only receipted petitions. As of 6/13/06, USCIS has an estimated total of 4,000 unreceipted Form I-129s awaiting data entry. Only a small minority of these petitions are seeking the H-1B Advanced Degree exemption.

| |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |------ |------ |------ |Cap Reached |5/26/2006 |

|H-1B Advance Degree Exemption |20,000 |1,901 |4,698 |21,000 |6,599 |6/2/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

| |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

|  | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |7,396 |37,754 |61,000 |45,150 |5/23/2006 |

|H-1B Advance Degree Exemption |20,000 |1,611 |3,944 |21,000 |5,555 |5/23/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |6,934 |35,942 |61,000 |42,876 |5/19/2006 |

|H-1B Advance Degree Exemption |20,000 |1,537 |3,821 |21,000 |5,358 |5/19/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

| |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |6,465 |32,980 |61,000 |39,445 |5/16/2006 |

|H-1B Advance Degree Exemption |20,000 |1,442 |3,606 |21,000 |5,048 |5/16/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |6,033 |28,775 |61,000 |34,808 |5/12/2006 |

|H-1B Advance Degree Exemption |20,000 |1,392 |3,246 |21,000 |4,638 |5/12/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

|  |Cap |Beneficiaries |Beneficiaries |Beneficiary |Total |Date of Last |

| | |Approved |Pending |Target 1 | |Count |

|H-1B |58,200 2 |4,507 |12,230 |61,000 |16,737 |4/28/2006 |

|H-1B Advance Degree Exemption |20,000 |1,007 |1,877 |21,000 |2,884 |4/28/2006 |

|H-1B (FY 06) |58,200 |------ |------ |------ |Cap Reached |8/10/2005 |

|H-1B Advance Degree Exemption (FY 06) |20,000 |------ |------ |------ |Cap Reached |1/17/2006 |

New prevailing wage database announced: DOLETA announced that the Bureau of Labor Statistics has revised prevailing wage data to incorporate new Metropolitan Area and Balance of State area definitions. DOLETA expects to have the new information posted to the Online Wage Library, located on the Foreign Labor Certification Data Center website, by July 6, 2006. A new prevailing wage FAQ has also been posted.

USCIS announces that, starting 7/24/06, adjustment of status applications based on a pending or approved I-140 should be filed at the Nebraska Service Center

PERM and RIR Approvals for Alien Labor Certification (1st step in the 3 step Green Card processing through employer sponsorship) – Latest update: This law office has received 20 PERM and RIR approvals from the USDOL in the past 3-week period from 6-16-06 to 07-07-06. The PDF file with the scans of these certified Alien Labor Certification approvals, is viewable by clicking at: (Note: this is a 4 MB PDF document) or

These 20 PERM and RIR approvals for the period 6-16-06 to 7-7-06 have come for the following positions in approximately the following time frame:

(Note: If a case has taken longer than 100 days to process, we are indicating in parenthesis next to the Processing Center, whether the case underwent an “Audit” or “No Audit”, for accuracy in reporting and understanding. Also if the approval was through a conversion from RIR to PERM and the old priority date was retained, that is also indicated)

Position EB2/EB3 Date Filed Date Certified Approval Time USDOL Center

PERM

Software Engineer EB2 06/21/2006 07/03/2006 12 days Chicago

Mechanical Engineer EB2 06/20/2006 06/30/2006 10 days Chicago

Software Engineer EB2 06/24/2006 06/29/2006 5 days Chicago

Software Engineer EB2 06/24/2006 06/29/2006 5 days Chicago

Mechanical Engineer EB2 06/15/2006 06/28/2006 13 days Chicago

Mechanical Engineer EB2 06/19/2006 06/23/2006 4 days Chicago

Mechanical Engineer EB2 06/19/2006 06/23/2006 4 days Chicago

Mechanical Engineer EB2 06/15/2006 06/23/2006 8 days Chicago

Mechanical Engineer EB2 06/19/2006 06/22/2006 3 days Chicago

Software Engineer EB2 06/15/2006 06/22/2006 7 days Chicago

Software Engineer EB2 06/19/2006 06/21/2006 2 days Chicago

Software Engineer EB2 06/19/2006 06/21/2006 2 days Chicago

Business Develop. Mgr EB2 06/13/2006 06/21/2006 8 days Atlanta

Network Engineer EB2 06/13/2006 06/20/2006 7 days Chicago

Software Engineer EB2 08/15/2005 06/20/2006 10 months Chicago (after Audit)

Mechanical Engineer EB2 06/15/2006 06/20/2006 5 days Chicago

Environmental Engineer EB2 06/13/2006 06/19/2006 6 days Chicago

Mechanical Engineer EB2 02/08/2006 06/19/2006 131 days Chicago (after Audit)

Average Time (un-audited, Chicago + Atlanta) = 6 days

High: 13 days Low: 2 days

RIR

Mechanical Engineer EB2 10/01/2004 06/19/2006 20 months Dallas

Software Engineer EB2 06/28/2004 06/06/2006 24 months Dallas

I-140 approvals – Latest Update: We have received 13 (thirteen) I-140 approvals recently for the past 3 week period from 06-16-06 to 07-07-06. The PDF file with the scans of these I-140 approvals is viewable by clicking at: (Note: this is a 2.4 MB PDF document) or

CSC = California Service Center

NSC = Nebraska Service Center

TSC = Texas Service Center

VSC = Vermont Service Center

Position EB2/EB3 Date Filed Date Approved Approval Time USCIS

I-140 (Labor Certification based)

Software Engineer EB3 10/19/2005 06/27/2006 25 weeks CSC (after RFE)

Mechanical Engineer EB2 06/14/2006 06/26/2006 2 weeks NSC

Structural Engineer EB3 05/30/2006 06/21/2006 3 weeks TSC

Software Engineer EB3 04/28/2006 06/21/2006 7 weeks TSC

Aeronautical Engineer EB2 06/05/2006 06/19/2006 2 weeks TSC

Software Engineer EB2 05/02/2006 06/19/2006 6 weeks TSC

Mechanical Engineer EB2 06/12/2006 06/15/2006 0.5 weeks TSC

Software Engineer EB2 05/24/2006 06/15/2006 3 weeks TSC

Mechanical Engineer EB2 05/24/2006 06/15/2006 3 weeks TSC

Aviation Financial Analyst EB2 05/30/2006 06/13/2006 2 weeks TSC

Software Engineer EB2 05/10/2006 06/12/2006 4 weeks TSC

Software Engineer EB2 04/28/2006 06/09/2006 5 weeks TSC

Software Engineer EB2 10/05/2005 06/08/2006 28 weeks TSC (after RFE)

Average Time for 1-140 approvals (no RFE) = 4 weeks

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