FY2011 H-1B Cap Reached

U.S. Citizenship and Immigration Services (USCIS) announced  that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.   The final receipt date for H-1B petitions is  Jan. 26, 2011.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. All petitions not randomly selected will be rejected and USCIS will return the accompanying fee.

USCIS will continue to accept and process petitions filed to:

  • extend the amount of time a current H-1B worker may remain in the U.S.;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; and
  • allow current H-1B workers to work concurrently in a second H-1B position.

We will continue to provide updates at www.bashyamspiro.com.