FY2011 H-1B Cap Count (Updated 12.17.2010)

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 12/17/10, approximately 53,900 H-1B cap-subject petitions were receipted. USCIS has receipted 19,700 H-1B petitions for aliens with advanced degrees. 　 
 
Master cap is likely to reach this week. Once the master cap numbers are exhausted, the U.S. master degree holders will still be able to file H-1B cap petitions and their cases will be handled under the regular cap queue. Accordingly, the regular cap number may move a little bit faster after this week as affected by the master cap unavailability. Please bear in mind that after taking out the special numbers for Chile and Singapore, the regular cap number will be practically 58,200. Accordingly, there are practically about 4,300 regular cap number available before the USCIS reaches the cap unless the USCIS makes a special decision to use part of the numbers which should be reserved for Chile and Singapore under the statute for the regular cap considering very limited numbers being used by the citizens of Chile and Singapore. Remember, however, that because of the two factors (reach of master cap and Chile/Singapore special cap), the FY 2011 H-1B cap may reach earlier then one speculated. Employers should also remember that in order to file H-1B petitions, they need minimum of seven (7) or more days to file and obtain the Labor Condition Application. Under the current USCIS rule, employers cannot file any H-1B petitions without "certified" Labor Condition Application. Please stay tuned.