According to the most recent H-1B report from the USCIS, it has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. Employers and immigration lawyers are urged to file their H-1B petitions as soon as possible to fall within the annual cap.
Evita Tolu – Immigration Attorney
9378 Olive Blvd., Ste. 325
St. Louis, MO 63132