H1B Visas : Cap Counted Against Petitions Approved, Not Visas Issued Abroad
Posted Oct 12, 1998

The U.S. State Department has advised U.S. consulates that INS has determined the 65,000 annual cap on H1B petition approvals has been reached, and that INS would no longer be approving I-129 petitions for H1B nonimmigrants in FY 1998. In no way should INS reaching the cap adversely affect those who have already received H1B Petition approvals. Refusal of the H1B visa stamp in the passport by a consular officer after the INS has approved the H1B Petition with a start date before October 1, 1998 is incorrect and consulates have been advised to continue to process H1B visas for the beneficiaries of current and approved I-129s.