NewsFlash! H1B Cap Reached on October 1, 2004
Posted Oct 03, 2004

The U.S. Citizenship and Immigration Services (USCIS) announced on the evening of Friday, October 1, 2004 that the H1B cap has been reached for fiscal year (FY) 2005. The USCIS factored into its count of petitions subject to the FY2005 cap the number of Chile / Singapore set-asides that were unused in FY2004. For those who are subject to the H1B cap, new H1B petitions may be resubmitted no earlier than April 1, 2005, allowing them to start work only on or after October 1, 2005.

Unless authorized to do so in some other capacity, for a person subject to the H1B cap, it is not permissible to simply remain in the U.S. awaiting the opportunity to file an H1B case in April 2005.

Processing Continues for H1B Non-Cap Cases

The USCIS will continue to process H1B petitions for persons who are filing for H1B extensions, amending the terms of their H1B employment, changing H1B employers, or requesting H1Bs for second employers. Further, not all H1B petitions for first-time H1B seekers are subject to the cap. H1B employees of institutions of higher education or of related or affiliated nonprofit entities, nonprofit research organizations, or governmental research organizations, as well as J-1 physicians granted Conrad waivers, are not subject to the cap. If an individual is changing from an H1B with an exempt employer to employment with a cap-subject employer, s/he is subject to the cap and will have to wait until the next fiscal year.