Flash News : Jan 3, 2011 Adv degree H1B quota Complete ! Cap Update, Analysis

In H1B Visa by KumarUpdated : 28 Comments

USCIS updated the H1B cap count numbers today around late evening. As of December 24th , 2010 the updated H1B petition filing numbers since last week are:

  • New 1,900 Cap eligible H1B visa petitions were filed under regular Quota.
  • New 300 cap eligible H1B petitions under Advanced degree cap.

December 24th, 2010 USCIS official H1B cap count update:

Regular H1B Cap H1B filings55,800 of total 65,000
Advanced degree cap filing count20,000 of total 20,000
Total H1B visa petitions received75,800 of total 85,000

H1B filings – Advanced degree cap Complete done…Economy Recovering !

As speculated, advanced degree H1B cap was filled in the week of Dec 24th, 2010.  There were only 300 left in the advanced degree cap and they were filled. The pace of the overall H1B cap filings remained same. If we compare with Dec 21st, H1B cap count, regular cap was up by 400 from 1,500 to 1,900 and the advanced cap got filled with 300 to reach 20,000.  We had about 600 petitions filed in the week of Dec 17th under advanced cap, as the cap got filled with 300, I believe the additional 300 might have been counted towards regular cap. Overall, the pace remained pretty much same…With New year holidays and vacation, we may expect a small fall in filings next week…but it should pick up rapidly after next week…If you look at last year, the volume of H1B petitions spiked up in the last few weeks, we may expect a similar scenario with the positive outlook of US economy.

From an economy perspective, good start for a new year with good numbers reported… US manufacturing grew at its fastest pace in 7 months in December…Also, major numbers are due this week to shed some positive outlook…Duke’s CFO survery predicts 2% increase in employment, which may translate to 2 million jobs…Though, the survey is very positive, analysts predict it will take at least 4th quarter for unemployment to dip below 9%. Lets hope for the best…The aggressive hiring could result in increased demand for H1B workers in US…It will be interesting to see how the overall job market looks around April and how the H1B FY 2012 quota filings may result either in lottery or not…Hopefully, the new proposed rule for H1B FY 2012 filings will be implemented saving lots of money and time for everyone.

What do you think of the New year 2011 and US economy ? H1Bs in 2011 ?

Regular H1B cap Count 2011  Trend Graph

H1B visa 2011 Regular quota January 2012 update

Advanced Degree H1B cap count 2011 Graph and Trend

H1B Advanced Degree Cap 2011 Full update January 2012


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Comments ( 28 )

  1. Fabio

    Hi, Even though the Advance Cap was reached. Can I still file for the Advance Cap H1-B. Do they take it out of the bachelor cap. Or should I wait for next April 1st?

    Thanks a lot for your help

    1. administrator

      You can apply in non-advanced degree quota. People who have done Masters in US, can apply in advanced degree quota, and once that is exhausted they can apply in non-advanced degree quota. So you still have a week or two in hand.

      1. Fabio

        I see, but what I want to know is that if they would still consider my submission as an Advanced degree. You’ll see I don’t want to enter in the non-advance cap. It has to be Advance. So my doubt is, if I file for Advance cap, even though it has filled up, would they consider it anyways because they still have some of the non advance left?. I read in some place that if you apply for the Advance degree cap they will make an exception and take it out from the non-advance quota. Is this true?

        1. administrator

          Yes, once advanced degree cap is reached, any eligible petition received in advanced degree quota is consumed in the non-advanced degree quota.

    2. calmet

      This is my theory, don’t rely on it.
      The Master cap is full. But I believe you can still file under Master degree (you know… answer all questions about your degree in the forms). However, the USCIS will process your application and count your it against regular cap. Make sense?
      Anyone who knows better, please confirm

      1. Fabio

        Ok, but that is the problem. I need it to be consider as a special degree, not as the regular cap. What I read in some article days ago was that even though the Master’s cap was full you can file for advance degree and because there are some bachelor visas left they take from those, but always considering it as an advanced degree H1B

        1. calmet

          so what’s the problem??? if you file as advanced degree and it’s full, they count you as regular. All H-1B is the same. The 20,000 advanced cap just to reward people with higher degrees.

  2. prommy


    I heard H1B Regular quota is filled up.I got job offer the other day and employer filed LCA.Waiting for LCA Approval.
    Is there any chance Quota can last till end of next week.I heard it’s already filled.Pleaese provide the info you have.i am nervous.i may loost 100KM race by falling at 99KM :(:(

    Thanks In Advance

    1. administrator

      Masters quota has filled, but not regular one. It is expected that quota will be filled in later half of January.

  3. Ha

    Can anyone please help me with these matters?

    1. I am currently working under OPT. My H1B was applied in October without the premium process and I already received the case number in November. However, until now, my status online is that “you case number is not found.” My OPT will be expired in 2 weeks. My question is Can I still work and get pay after my OPT expires and I am waiting for my H1B approval?

    2. My driving license expired in December and the DMV only gives me a license until the mid Jan, 2011 when my OPT expires. They required me to have formal H1B paper to get a longer term driving license. Due to this, should I switch my H1B process to be premium so I will be able to drive legally? How fast can it be for my case if I change it to be premium since I received the case number on 11/16/2010 and there seems no progress made from the USCIS.

    Thank you so much for your help. All responses are appreciated!!!!

    1. administrator

      1. Check w/ your employer if you have the right receipt number. It should not give that message for the right receipt number. Are you entering the number along with the words EAC or WAC?

      2. Like you mentioned, a better option is to upgrade the process to premium. USCIS will adjudicate your petition within 15 calendar days once they receive the premium processing request. A quicker response to your H1 petition will not only help you get your H1 before OPT expiration (or soon thereafter) but also help in filing timely DL limited term extension.

      1. Ha

        Dear Saurabh and Kumar,

        Thank you so much for the advices. I am in an odd situation so getting approval for premium is not that easy for me even though I am trying to have it. Just a quick question regarding the expiration of my OPT. After my OPT is expired, can I still work and be on payroll? Or I need to wait until my H1B is approved to be able to work?

        Thank you so much!!!!!!!!!!!!!!

        1. administrator

          You will have to leave the States within reasonable time frame once your OPT expires. You are not eligible for cap-gap provision, and so will have to stop working once your OPT expires. If your company agrees you can work from your home country for some months until your H1 is approved, and then enter US on H1 (you will have to get H1 stamped) and start working on H1.

  4. ARC

    Hi – Thanks for the posting. I am on L1 and my new employer is planning to apply for a H1B by this week via Premium processing. Do I still have a chance or not. Please let me know and also I read that out of 65000 visa, 6800 is for chile and Singapore citizens and other national citizens shouldn’t be account for it. So if we have 10800 available visa, in actual can we consider we have only 4000?

    Thanks in advance for the reply

    1. administrator

      USCIS doesn’t publish information on how many of those submitted petitions are from Chile and Singapore. So for non Chile-Singapore nationals, the number may still be a little higher.

      Until USCIS publishes the information that quota has reached, you have a chance.

  5. Leo

    Hi all.
    The forums are really great. . . Thanks to all.
    My query would seems to be strange, but i’m bit sacred.
    My H1B visa got approved and interview and stamping is scheduled for next month at chennai consulate.
    Half of my second name is a common muslim name (not M or K name) where as my first name is a secular one. I would like to know would there be any prob at us consulate coz my second name. Plz help me on this.
    No offence to anyone. . .

    1. administrator

      It is difficult to provide an accurate answer to this. I don’t think they would outright reject the visa because of a Muslim name. What they can do is ask you to submit a report from local police station verifying your identity and background.

      India is not high on the watch list, so you may not face as many issues faced by countries high up on the watch list.

      1. Leo

        Thanks for the reply dude.
        Well i heard that once the interview is over people used to get visa stamped passport in a week’s time. But for people having common muslim name will have to wait 3-6 months time to get it back.

          1. Leo

            Thanks Sourav,

            I’m seeing that most of the Indian males who have some arabic name are facing a delay in Visa extension once they are back from US to India for Vacation/Stamping.

            Well Lets c, My Interview would be somewhere in Jan End. Thansk for the info once again.

  6. vijai

    I heard that about 11,000 H-1B visa slot still remains available for the fiscal 2010-2011, in that case can we apply H-1B visa now

  7. Bheem


    You mentioned that volume of filings would spike up as we are nearing the end of quota. Right now, there is an average 2100-2200 filings per week. For last year, what was the average per week in the final stages of filing.

    Thanks in advance

    1. administrator

      In fact, last year’s H1B filing volume was around same lines as this year…The biggest difference is, the base count of visas started at 44,000 in early April 2009 in comparison with around 14,000 in early April 2010… The economy outlook might help as well..

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