On Nov 5, 2010, USCIS updated its count of FY 2011 regular CAP H-1B petitions and confirmed 45,600 H-1B CAP petitions had been received. The quota for the regular CAP H-1B petitions is 65,000 annually. However of these 65,000 quota numbers, 5,800 are reserved for the nationals of Singapore and nationals of Chili. The actual available quota numbers available are just 59,200. Thus, 59,200 minus 45,600 equals 12,400. So as of November 5, there were 12,400 H-1Bs available.

USCIS also confirmed that USCIS also received 17,200 H-1B petitions for aliens who have advanced degrees. The quota for these higher degreed alien workers is 20,000 per year. By calculation, there were only 2,800 caps available to the aliens who have advanced degrees on Nov 5, 2010.

USCIS updated the H-1B caps count on Oct 29, 2010. We have seen a dramatic increase on the number of filings since last count. Within 5 days between Oct 29 and Nov 5, the USCIS had received 1,200 CAP H-1B petitions and 500 H-1B petitions for aliens with advanced degrees. Average 340 petitions were received per day.  On average 340 petitions were received per day. If the H-1B filing goes on at this speed, FY 2011 H-1B quota can be used up relatively quickly.

Keeping the above information in mind, it is advisable for those who already have a job offer to file the petition as early as possible to rush for a quota number. If you fall within any one of the following categories, you do not need to worry about the H-1B quota restriction:

• The employer is an institution of higher education (College or University).
• The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (For example, a hospital affiliated with a university) and
• The employer is a nonprofit research organization or a governmental research organization.
• The medical doctors under J-1 status who are granted for 2-year waiver.
• The alien worker has been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status.
• The alien is in an H-1B status currently seeking to renew or extend the status (Renewal/Extension).
• The employer is non-cap exempt but having contracts/agreements with cap exempt employer (nonprofit research organization or a governmental research organization), and the alien worker will be assigned and working at the nonprofit research organization or a governmental research organization.
• The employer has registered with E-Verify systems and extended the employment of the alien workers. It only applies to the aliens with the major in science, technology, engineering and mathematics related field. These aliens may get the OPT extension for another 17 months through the employer (altogether 29 months for OPT), and file the H-1B petition within this period.

Each individual H-1B case has different situation. It is advisable to seek professional assistance to make sure the application is prepared and filed properly. If you have any H-1B related questions, please feel free to contact us by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  We offer free email consultation.