H-1B Cap Numbers look like they may be running out. Master's Cap will probably be gone this week, and the remaining H-1B numbers may be gone by the end of the year. Totals as of December 3, 2010 are:

As of 11/05/10:
H1B Regular Cap
Cap Amount 65,000
Cap Eligible Petitions 51,200

H-1B Master's Exemption
Cap Amount 20,000
Cap Eligible Petitions 18,700

USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. These updates and helpful filing information can be found at USCIS Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the final receipt date ). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

Therefore, USCIS is continuing to process all petitions filed. For more information on USCIS and its programs, visit http://www.uscis.gov/, or for any questions you may have, please contact our office.