As of October 21, 2011, approximately 46,200 H-1B cap-subject petitions and 20,000 petitions qualifying for the advanced degree cap exemption had been filed.  While USCIS is reporting that they have received 20,000 petitions towards the 20,000 available H-1Bs set aside for the advanced degree cap exemption, USCIS has not yet confirmed that the advanced degree cap has been reached.  At this time, USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.  Once the advanced degree cap numbers have been exhausted, all cap subject H-1B petitions will counted against the regular H-1B cap, regardless of the beneficiary’s degree.  See USCIS’ H-1B Fiscal Year (FY) 2012 Cap Season for more information.
While a significant number of H-1B cap numbers remain, we would encourage clients who may wish to sponsor candidates for H-1B status to move quickly to initiate these petitions.  The H-1B usage rate tends to accelerate as the cap approaches, and there may be little or no advanced notice when the cap may be reached.  Jackson & Hertogs continues to monitor the FY2012 H-1B cap count, and advise clients as information becomes available.

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