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H-1B Cap Will Soon Be Exhausted

November 30, 2009

As of November 27, approximately 58,900 H-1B cap cases had been filed, which is more than the 58,200 H-1B cap numbers available this fiscal year, except for Chilean and Singaporean nationals. The USCIS will continue to accept both regular cap-subject petitions and advanced U.S. degree petitions, because USCIS takes into account that a certain percentage of H-1B cap filings will be denied, withdrawn, or revoked and thus not be counted as cap cases. Please note however that the USCIS could cease accepting H-1B cap cases (regular and advanced US degree) any day now. Any H-1B cap petitions that are desired or in progress, should be processed and filed immediately and treated as urgent.