Jan 18th , 2011 H1B visa cap count – 2,000 petitions filed, 600 increase !

In H1B Visa by KumarUpdated : 41 Comments

USCIS updated the H1B cap count numbers today. As of January 14th, 2011 the updated H1B petition filing numbers as reported by USCIS are :

  • New 2,000 Cap eligible H1B visa petitions were filed under regular quota since January 7th, 2011

January 14th , 2011  USCIS official H1B cap count update:

Regular H1B Cap H1B filings60,700 of total 65,000
Advanced degree cap filing count20,000 of total 20,000 (filled earlier)
Total H1B visa petitions received80,700 of total 85,000

H1B filings – Regular cap count increase by 600 petitions

Well, we are back to the 2,000 volume level…As most of you know, advanced degree H1B cap was filled in late December of 2010….the volume of H1Bs was under 2,000 in the past two weeks due to holiday season and many law offices closed, but we are back to full swing in H1B filings, which is reflected by an increase of 600 petitions filed between Jan 7 and Jan 14 from 1400 to 2000 (Check last week Jan 10, H1B cap count update).  Coming back to Singapore and Chile H1B visas ( I am not sure if this is official as I could not find this info on USCIS website), few attorneys (AILA) report that only 450 visas were filed under this category in FY 2010 quota and the left out 6,350 visas will be added to regular quota of this year (FY 2011) leaving us with a total of 64,550 for H1B FY 2011 quota. If we do the math, we are left with only 3,850 visas (64,550 – 60,700 = 3,850). Believe it or not, if the current pace(2,000 per week) of H1B petitions filings continues, we might reach the FY 2011 cap in slightly under 2 weeks. This is probably your last chance to file, so hurry up, if you have to !

As we have been very optimistic about US economy in the last quarter, it has been cemented with some outstanding sales numbers released by National Retail Federation. They say, US retailers had their best holiday sales (Nov & Dec, 2010)  in 6 years with 5.7% increase. On the contrary, Market Watch reports that consumers may not bail out the economy fully, even with these optimistic numbers, because consumers are most likely to face increase in prices from food to gas including increase in taxes, fees, bank charges, air fares, etc in 2011. The biggest concern is unemployment rate, which is still at a very high level… In general, the outlook for 2011 looks strong based on analysts forecasts and so far no big surprises…lets hope it continues and increases demand for highly skilled labor creating demand for H1B workers in USA.

What do you think of the current H1B cap ?
Any predictions for next year H1B FY 2012 ?

H1B Regular Quota Comparison Graph, Prediction

H1B visa 2011 cap count update January 18th

Reference : USCIS H1B

Image Credit : http://www.flickr.com/photos/thetruthabout/2831498922/sizes/m/in/photostream/


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Comments ( 41 )

  1. Rah

    My RFE is to submit evidence pertaining to the proffered position: Jobs descriptions and prove for standards for Specialty position. My title is Information technology and Systems Development which under Occupational Outlook Handbook (DOL) indicates Computer Network,Systems, and Database administrators. Unfortunately this title in the handbook does not require B.S degree. But my actual jobs is more complex and specialized (Real estate industry where I manage databases and websites and develop codes and software for my company to generate financial and tenant tracking reports). Can someone advice me on how to handle this RFE? Thanks. I think this RFE is very similar to that of Calmet. Any advice is greatly appreciated

    1. luck

      I had same situation like you.I collected document and apply on jan7 and got approved within 2 days.

      Document you may needed.
      1 make couple of reference letter company president to show that job is complicated and can be performed by only person having bachelors degree.
      2 send job opening from other company on similar post which shows they require bachelors degree
      3 reference letter from another similar company stating that the job title you applied required bachelors degree.
      4 reference letter fromprofessor.
      5 submit detail job description ,time sheet ,houly time that u perfermed in each job.

      if you submit these you will be fine.

      thak you

  2. shek

    Hi ,

    I’ve applied for H1b with all the documents required.The doubt I’ve facing is , one of my previous employer were a small entreprenuer IT firm and I’ve joined it just after my engineering degree to learn more defore enetering into a big company (as right now am working for one of the best Indian IT company) , recently I’ve found out that ..the firm is not in existance ..no website not contact , I’ve went to see what had happened and i came to know that they have closed it due to budgetery issues. but in the H1b documents I have submitted the relieving letter of that firm , will it affect the approval process as my petetion is under intial review.


    1. administrator

      You should be fine. I doubt if USCIS will ask about the firm, but if they do then you can let them know that the firm has closed down. If you can get hold of an ex-colleague who can submit a letter vouching for your employment, then that would be even better.

  3. Asavari

    My employer applied for H1b visa, for 2011 but the application was recieved on Feb 7, after the cap was full. They are planning to reapply on April 1st 2011. The package that we recieved back has a reciept number and stamps on the application. However, they are planning to refile the LCA, as the position offered to me has now been changed. Should my employer send the same application, or should they start all over again?

    Thank you in advance!

  4. Divya

    My employer missed applying for my H1 visa before January 26th. My OPT is valid until mid May. Is April the earliest I can apply for a visa? If so, what can I keep as the earliest starting date (1st October?)? Am I eligible to work in the mean time between Mid May (my OPT expiration date) to October?
    Please guide!

    1. administrator

      If your employer files H-1 in April and
      – apply it with COS
      – set start date as 1st Oct 2011
      – you have maintained valid legal status all this while

      then you can continue to stay and work in US until 1st Oct. This is called cap gap. However, it’s advisable not to leave US while in the cap gap period.

  5. shashi

    HI, I missed filing h1 visa this year as the quota is full. what will be the prediction for next year? will they get filled out in april 2011 itself. let me know.. please.

    1. administrator

      I don’t think the quota will be filled in April 2011 itself. It may continue until the end of the year, but that’s just a prediction.

  6. Rose

    My Employer has applied the H1B for myself on 28th July 2010. I got my receipt number. Till today the status is “Initial Review”. Any idea by when can i get the approval from USCIS ??

    Thanks in advance

    1. administrator

      That’s a BIG delay. There has been delays w/ the processing, but 6 months is a big period.

      Ask your employer to contact USCIS and inquire about this.

  7. Rohit

    Nice analysis! I Really appreciate this. My employer filed H1B application (they sent documents to USCIS) on 21st January. Do you think I am on the safe side here?

    Also, I am a masters student and will be graduating in a month, so my employer filled it with my bachelors degree. do you think that makes any difference?

    1. Sharmell

      Hey, I think you are safe. My employer filed mine on Jan 20th (premium processing) and I got the answer today (fortunately, approved!).

      1. Rohit

        6 days!.. wow that’s really fast! I haven’t got any receipt number or anything yet. Though mine too is premium processing. Well, hope for the best. Congrats!

        1. Sharmell

          Yeah! I’m impressed too; so far I haven’t been the luckiest guy of the block, you know. Now we are waiting for the hard copy of the notice.

          Although my first LCA was denied. I was affraid we wouldn’t make it.

          1. Rohit

            well, me neither.. my opt took 3 months just to get denial notice…lets see..
            Btw, when did you get the receipt notice or did you directly got to know the result?

          2. Sharmell

            My employer got the email notification yesterday and they let me know right away… Then I went to the site just to check it out by myself.

  8. Gayathri

    What happens if the cap is reached and some applications are rejected/failed a RFE after that? Do they accept applications to fill those petitions?
    My employer just applied a LCA for me…keeping my fingers crossed

    1. administrator

      I read online sometime ago that USCIS accepts few extra petition to make up for that number. They typically don’t disclose that number, and it’s just an estimate on their side. So it’s possible that more petitions get denied as compared to the buffer count, and some of the quota doesn’t get utilized.

      However, it’s safer not to rely on that.

    2. Ujjvala

      Hi Gayatri,

      I’m in a similar situation except a year later. My LCA got approved but my employer missed the cap. How did it go for you? did you get through?

  9. Ramesh

    Dear Jyothi and all,

    My H1 Expired on Oct 31 08 and I want to renew it or apply new one.I want to have some contacts. Is it possible for you guys to mail.

  10. J72

    My employer submitted the LCA January 19th. Any guess with regards when the h1b quota is expected to be reached? Trying to put my mind at ease, but not sure if I will have enough time to make it through the 65,000 cap.

    Thanks !

  11. pj

    Hi Kumar,

    I got approval from USCIS y’day. Now on my status, “Post Decision Activity” step is not done yet. So according to your analysis, what do you think about to get final decision with respect to 60,700 CAP?
    I have done premium processing. Can you tell me in how many days I get my final decision?
    I really appreciate your help.


    1. administrator

      If your employer has received approved 797 from USCIS, you no longer need to worry about what’s reflecting on USCIS website. Some of them are administrative statuses, and USCIS doesn’t necessarily update them for everyone.

      You no longer need to worry about the quota (which is based on how many petitions are filed and not on how many are approved).

      1. calmet

        I got an update on my case today with a RFE (additional evidence) but it doesn’t say what they are. I guess I have to wait until the notice arrive by mail ?
        While this is going on, is my petition still within the cap? In other words, if the cap is reached sometime soon, am I will get rejected ? Thanks

        1. administrator

          Yes, the actual details will be in the letter.

          You will still be counted in quota. Once USCIS receives your petition, you are considered to have made through the quota. Any RFEs issued thereafter don’t push you out of the quota.

          1. calmet

            My RFE is to submit evidence pertaining to the proffered position: Jobs descriptions (which I sent but seems like they want more details) and prove for standards for Specialty position. My title is Tech Support Engineer which under Occupational Outlook Handbook (DOL) indicates Computer Support Specialist. Unfortunately this title in the handbook does not require B.S degree. But my actual jobs is more complex and somewhat specialized (High Performance Computer industry). Can someone advice me on how to handle this RFE? Thanks

          2. administrator

            One way would be to highlight how your position is different from that in the handbook. You should also highlight any special skills one needs for your job, and how those skills were learnt during your B.S. degree.

            Good luck!

  12. Anand

    Kumar fantastic analysis, but what will happen to the denial count???? Is that will be re-opened?
    how about the denial rates for H1 B in FY 2010?

  13. Prady

    Can you post the link that reports 450 visas were filed under singapore, chile quota of 2010? Also, fantastic analysis. I am hoping to receive my LCA tomorrow. I have my fingers crossed.

      1. Prady

        Thanks! Hey, do you think the number of visa applications will increase further this week or do you expect it to continue around the same mark of 2000-2200?

        1. administrator

          I would expect the weekly count to increase. As the quota nears completition, more and more people would like to apply it ASAP to make through the cut.

          1. Prady

            Agreed, but I am stuck with LCA pending for 7 days now! My application was done last Thursday and I still don’t have LCA. That means either there is a huge rush for LCAs or everyone in my situation is going to hit similar roadblocks. I hope I get it on Monday or else I am doomed.

  14. Jyothi

    Dear Kumar,
    Can we expedite the LCA process. I am going to apply my LCA in the state of California.
    Sorry If it is a repeat question.
    Thanks in advance.

    1. administrator

      Jyothi, As per my knowledge, I do not think there is premium processing concept for LCA. You just have to wait I guess….Typically you should get LCA within 7 to 10 days.

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