H1B Cap Numbers Released : January 21, 2004
Posted Jan 08, 2004

As promised, the USCIS has tallied the number of H1B cap-subject cases pending and approved for fiscal year (FY) 2004. In a statement issued on January 21, 2004, the USCIS advised that 43,500 cases have been filed against the H1B cap for FY2004. This means that, out of the total 65,000 allowed, 21,500 more cap-eligible cases can be filed and approved for this fiscal year. FY2004 began on October 1, 2003 and will end on September 30, 2004.

The USCIS did not provide an estimate as to how quickly the remaining 21,500 cap numbers will be exhausted. We note that, from previous announcements, almost half of the cases filed to date were filed prior to the start of the current fiscal year. Thus, if case filings remain at present levels, the numbers may be available into early spring 2004. Of course, the announcement could generate a flurry of filings, causing the numbers to be exhausted more rapidly. It is impossible, therefore, to provide an estimate as to when the cap will be reached. People should make decisions based on the understanding that the numbers are in very limited supply.

At this point, premium processing remains an option. Previous announcements had indicated that the premium processing procedure might be eliminated for cap cases, as the number of cap-subject cases filed started to come close to 65,000. Persons who need to change status to H1B or are otherwise subject to the cap would be wise to urge their employers to file without delay if they are required to start working on H1B status prior to October 1, 2004. Premium processing is also a good idea, to try to assure case processing prior to the cap's being reached. The cap is a very important issue for recent college graduates, physicians who recently completed residency, and others seeking H1B status for the first time.

The MurthyBulletin has published several articles about the H1B cap. These articles answer many questions including explanations of which cases are subject to the cap. Those who need more information on the H1B cap should read our September 12, 2004 and October 10, 2004 articles, H1B Cap for FY 2004, and H1B Cap Much Earlier Than Anticipated, both available on MurthyDotCom. We will continue to monitor this vital issue very closely and will provide our readers with new information as it becomes available.