November 16th, USCIS H1B visa FY 2011 Cap count Update – 1,200 filed

In H1B Visa by KumarUpdated : 12 Comments

USCIS updated the H1B cap count numbers yesterday. As of November 12th, 2010 the updated H1B petition filing numbers since last week are:

  • New 1,000 Cap eligible H1B visa petitions were filed under regular Quota.
  • New 200 cap eligible H1B petitions under Advanced degree cap.

November 12th, 2010 USCIS official H1B cap count update :

Regular H1B Cap H1B filings47,800    of total 65,000
Advanced degree cap filing count17,400    of total 20,000
Total H1B visa petitions received65,200 of total 85,000

H1B filings down , Analysis of Economy

If we look at the numbers in comparison with last week, Nov 9th H1B Cap count, the regular H1B quota filings were down by 200 from 1,200 to 1,000 whereas, the advanced degree cap filings were down by 300 from 500 to 200. If we look at the trend in the last four weeks, the H1B petitions filed were decreasing every week.  If the advanced degree cap petitions filings pace decrease like this week, we may have that cap last a little longer than speculated. The regular cap will last for a long time, it seems to me that it can go up to early next year…Also, starting next week fee is increasing and the H1B premium processing fee will be $1,225…so, in case you are planning on filing premium processing, do not delay !

If we look at the economy, the new home construction fell by 11.7 % and the Consumer Price Index (CPI) was up by 0.2%, which is less than speculated 0.3% . If you are not sure what  CPI means, it is a core component that decides the inflation. Fed was worried that due to unemployment and other worries there could be potential deflation, that’s the reason they recently announced to pump in $600 billion to keep up the money flow and maintain healthy inflation.  Anyways, still the unemployment position has not eased and the outlook has not changed…we can only wait and see how companies react to the fed money and if it would create jobs…

Regular H1B cap Count 2011  Trend Graph

H1B Visa 2011 Nov 16 Update Regular Quota

Advanced Degree H1B cap count 2011 Graph and Trend

Advanced Degree H1B cap count 2011 November update

References :


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Comments ( 12 )

  1. Mercy

    My H1 is in RFE presently and would it be fine to change to premium processing once after my attorney responds to USCIS on RFE. People say there are chances of rejection while changing to premium when it is in RFE. Is it true???


    1. administrator

      I think USCIS has different set of officers who go through the PP petitions. If everything is in order, I don’t see any reasons for petition getting rejected. If you believe that RFE is being responded correctly, then USCIS shouldn’t reject it.

  2. Mercy


    Mine is in RFE presently and USCIS has asked for client invitation letter and project agreement. The project has been terminated NOW, however we’ve managed to arrange for invite letter. If USCIS compares the invite letter and agreement they’ll come to know the project status (closed). Will they reject then??

    My employer is planning to have H1B transfer once after approval. Also, is there anyway to change the Customer/project name in the applied application now during RFE??

    1. administrator

      Yes, if USCIS notices that the project has been closed, they would reject the H1.

      If the new project is at the same location, and requires similar skill-set, then you should still be able to submit a different customer name. It would be nice to also add a letter explaining why the change is being made. However, if they are different, then it would be against your LCA and may not work out.

      Does your employer has an attorney or is he doing everything by himself? An experienced attorney can provide you more information in this regard.

    1. administrator

      If you have a good employer/project in hand now, then you can file now. Otherwise the bets time is to file when you have a good offer/project in hand.

      1. Deepak

        thanks Saurabh

        I have a good offer but i heard that its good to Apply in April month (starting of a new year slot of 65000 visas) if we apply now there are major chances of rejection because as you can see 47,800 of total 65,000 for the fiscal 2010 is already gone and thousands of applications are pending for approval.

        and it take around 2-6 months to process the normal application, So my questions are ? (read point number 2)
        1. is it a good time to apply ? or wait for next year slot?
        2. if i apply now and while submission if remaining visas are gone then my application is consider for the next slot ? or i have to resubmit it again for next year?
        3. currently i am working remotely for the same company should i show this as an experience ? does this experience count ? is it hard for me in interview to justify that i need to be in US for the same work (which i am doing remotely in India)?

        your response highly appreciated. thanks

        1. administrator

          1. You can still apply now. The slots are open. The number 47,800 includes all pending petitions. USCIS doesn’t deny petition just because quota is about to filled. However, they will reject (i.e. not accept) the petitions when quota actually gets filled i.e. when the number 65K is reached. So you should be fine in applying now.

          2. If by the time you apply, 65K number is reached, USCIS will return the petition back to the employer. They will not charge anything, except for the lawyer who would charge you/employer his fees. You will then have to re-apply in April 2011, w/ start date of Oct 2011. If you apply now, you can start working within next 3-4 months (current processing time is 3-4 months, unless you opt for premium processing). If you apply in Apr 2011, then you cannot start working on H1 until Oct 2011.

          3. Yes, that would count. Make sure you have necessary experience letters and updated resume while applying for H1.

          1. Deepak

            thanks again for your cooperation Saurabh.
            I need more clarification on point 3, i mean to say that currently i am working for a us company from India & now they are growing and i am insisting them to bring me in US(and they are ready to call me in US), but the kind of work i am doing is easily can be done from India so if the USCIS ask this question that “Why company is bothering to bring you in US as the work is already can be done from India” during my interview doesn’t it maximize chances of rejection?

          2. administrator

            A lot of work that is done onsite can easily be off-shored, but I don’t think USCIS looks into that. If asked, you can say that you will be able to work in daytime (if you are right now working in night shift), provide better customer/client interaction etc.

            Their main concern would be company’s credentials, your credentials and job requirements (whether the job requires technical expertise, what the salary is etc).

  3. Raj kamal

    My sponsor (MNC) applied for h1 during August (at the same time) for bulk of its employees. Now, most of them have got their approved petition whereas am yet to. My attorney still says my case is pending with USCIS. What would ve been the reason?? Also there are no symptoms of RFE yet.
    What is your thought on this?

    1. administrator

      The reality is, even if they apply as bulk, each position is different and USCIS will evaluate them independently… I understand, it can be very frustrating….there is nothing to worry, just be patient you will hear back from USCIS soon…

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