NewsFlash! H-1 Cap Update - 45,900 Cases Filed
Posted Sep 07, 2004

Today (September 7, 2004) the USCIS released updated information stating that, as of August 18, 2004, there were 45,900 new H1B petitions filed against the fiscal year (FY) 2005 cap. Regular MurthyDotCom and MurthyBulletin readers are familiar with this issue. As we reported to readers in our August 20, 2004 NewsFlash, the USCIS announced that, as of August 4, 2004, there were 40,000 H1Bs used against the FY2005 cap. So, 5,900 H1Bs were filed against the H1B cap within about two weeks' time.

The fiscal year 2005 runs from October 1, 2004 to September 30, 2005. The total H1B quota for FY2005 is 65,000. Of this amount only 58,200 numbers are available since those remaining are reserved for nationals of Chile and Singapore under those countries' Free Trade Agreements with the United States. It is possible that some of the Singapore / Chile numbers that remain unused may be added back in at the start of the FY2005.

This means that the cap is getting quite close. Any person who is cap-subject must file without delay in order to take advantage of the remaining numbers available against the FY2005 cap.