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FY 2011 H-1B Cap Reached

On January 27, 2011, the USCIS announced that it has received enough H-1B petitions to reach the 65,000 cap for FY2011. January 26, 2011 is the final date for receipt of new H-1B petitions requesting an employment start date in FY2011. Therefore, any petitions received after January 26, 2011 will be rejected. Those petitions received on January 26, 2011 will be subject to a computer-generated lottery system that will randomly select the remaining petitions to meet the cap. Petitions not selected will be rejected and returned along with the filing fee.

USCIS will continue to accept H-1B cases that are not subject to the FY2011 cap, including the following petitions:

• H-1B extension of status.;
• H-1B change of employer;
• H-1B amendments; and
• H-1B concurrent employment.

On April 1, 2011, the USCIS will begin accepting new H-1B petitions for FY2012 as it releases a new set of H-1B numbers, including 65,000 newly available numbers and an additional 20,000 for applicants with U.S. Master’s degrees or higher. Petitions filed under the new FY2012 H-1B cap will have an October 1, 2011 start date. For more information on obtaining a FY2012 H-1B number, please contact our office.

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