Oct 30, 2009 Update of Regular H1B Cap : 53,800 Cases Counted
Posted Nov 06, 2009
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The U.S. Citizenship and Immigration Services (USCIS) issued updated H1B cap counts in the first week of November 2009. The most recent count, as of this writing, reflects cases filed as of October 30, 2009. The count through October 25th showed an increase of 6,100 H1B cap subject filings; the count through October 30th added an additional 1,000, for a total of 53,800 for FY10. The announcements confirm that the advanced-degree cap has been reached. This is far different from the slow trickle of filings made over the recent months. The FY10 cap count has been tracked since April 2009 on MurthyDotCom. The USCIS will continue to accept advanced-degree cases by counting them against the regular cap.
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Will Cap be Reached Soon?
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It is impossible to know how soon the H1B cap will be reached. However, the total annual allotment of regular cap numbers is 65,000. This is reduced by 6,800 numbers set aside for Chile and Singapore under trade agreements. Thus, the actual limit for H1B cases is 58,200. With the new counts for October, only 4,400 H1B cap numbers remain. This is fewer than the total number of filings made just in October 2009. Thus, if the increase reflects a trend, the cap could be reached before long.
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Why Such an Increase?
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No explanation has been provided for the increase in the count by the USCIS. It should be noted that there was somewhat of a jump in filings in September 2009. This was discussed in our October 9, 2009 article, New H1B Cap Filings Allowed Under USCIS FY10 Quota. This could be related to the fact that, now that the fiscal year is underway, it is possible to request immediate start dates for employment. It may also be related to re-filings of H1B cases that were previously denied. There are large employers that tend to file significant quantities of cases at one time. If a few such employers filed in October, this would increase the count from the pace seen in earlier months.
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No More Waiting : File Now
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Those in need of H1Bs for FY10 should file their cases without further delay. When the cap count increases each month were miniscule, it did not appear that there was any danger that the cap would be met. It may have appeared to some that the numbers would remain available for many months, if not for the entire fiscal year. With the recent announcements of 7,100 filings in October 2009, however, the cap could run out soon. If a case does not make it under the FY10 cap, it will be necessary to wait until April 2010 to file for FY11. The FY11 cases will have to wait for start dates no earlier than October 1, 2010.
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Conclusion
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The increased H1B cap count changes the picture for any remaining potential FY10 H1B filers. We at the Murthy Law Firm will continue to follow this important topic, and update our readers with new cap counts as they are issued. Watch MurthyDotCom for the latest available information.