The USCIS has reported that FY2012 H-1B visa numbers remain available. The H-1B cap count as of April 7, 2011 indicates that USCIS has accepted 5,900 regular cap cases and 4,500 Master’s Exemption cap cases.  Until further notice, USCIS will continue to accept new H-1B visa petitions applied toward either the "regular" allotment for degreed professionals, or for the smaller allotment reserved for U.S. advanced degree holders.

If you have identified a candidate who will require a cap-subject H-1B, you will want to act quickly to file a new H-1B visa petition for them, as there is no way to know when the H-1B visa cap will be reached for either the "regular" or "U.S. advanced degree" allotments. USCIS has announced that on the date that the H-1B visa cap (regular or U.S. advanced degree) is reached, all H-1B visa petitions received for that cap on that final date will go to lottery. After the lottery is concluded, no further H-1B visa petitions will be accepted against that cap until the first filing date for the next fiscal year (April 1, 2012). If the Master's cap is reached before the regular cap, left over Master's cap cases received on the "lottery day" will be automatically shifted to the regular cap as all Master’s cap cases qualify for the regular cap.
Please note that the fact that an H-1B petition has been accepted by USCIS for processing is not a guarantee of approval. All H-1B petitions must still be adjudicated on the merits.

Jackson & Hertogs will continue to post updates as news develops.

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