H-1B CAP UPDATE – 12/15/2009

USCIS announced that as of 12/15/2009 it has received 64,200 of the available 65,000 cap-subject H-1B petitions for FY-2010.  The numbers are almost gone and given the week it takes from the time of filing the LCA to its probable adjudication, the odds of petitions being accepted for a petition that one would prepare from scratch at this point are slim.

However, given how long the numbers have lasted this fiscal year, the wait until H-1B cases are accepted for FY-2011 cases is not too long.  For those willing to start on October 1, 2010, their employers may file H-1B petitions as of April 1, 2010.  Also be sure to ascertain whether the petitioner may be cap-exempt and therefore able to file H-1B petitions throughout the year.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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