H1B Cap Filings "Surprisingly Low" in April 2004
Posted Apr 30, 2004

Many people are asking where they can get information as to exactly how many H1B cases have been filed against the fiscal year (FY) 2005 cap. The answer is that there is no minute-to-minute or even week-to-week case counter available. The USCIS releases figures periodically advising of the approximate number of H1B cases filed against the cap for a particular fiscal year. As of the end of April 2004, the Service Center Operations unit announced that they had not received the anticipated influx of H1B case filings in early April 2004, with a start date on or after October 1, 2004. They stated that the number of filings was "surprisingly low."

Concern over this issue arises from the fact that the H1B cap for FY2004 was reached on February 17, 2004, and that it is now possible to file cases that will be counted against the FY2005 cap. FY2005 begins October 1, 2004. H1B cases can be filed six months in advance of the requested start date. Therefore, some employers started filing H1B cap-subject cases in April 2004.

This is good news for those who have not yet filed their cap-subject cases because they have not yet found an employer willing to sponsor the H1B petition, have not yet graduated, or for a myriad of other reasons. We note that our law firm experienced an increase in the number of H1B filings in early April 2004 and we are continuing to receive inquiries and requests to file H1B cap-subject cases. While the volume that we are seeing is not extraordinary, it is steady. We still advise people who are subject to the cap to arrange for their employers to file their H1B petitions as soon as possible, to avoid any potential problem with the cap. It appears that many people are aware of the H1B cap issue and are making plans to have their cases filed in the near future. We will continue to follow this key issue in immigration law and will advise MurthyDotCom and MurthyBulletin readers of any new announcements.