H-1B Cap Reached for Fiscal Year 2010

The United States Citizenship and Immigration Service (USCIS) has announced that the H-1B cap for Fiscal Year 2010 (FY2010) has been reached.   USCIS will reject new cap-subject H-1B petitions for FY2010 that are received after December 21, 2009   They will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.  This means that the earliest an H-1B petition seeking new employment can be filed is April 1, 2010, and that would be for an October 1, 2010 start date.  Of course, this does not impact cases being filed for H-1B transfers or extensions.  As additional updates become available, we will post them at www.bashyamshah.com.