On November 23, 2011 USCIS announced that both H-1B quotas have been reached.  FY 2012 H-1B quota has been filling up at a moderate pace, for example as of April 7, 2011, approximately 5,900 “regular” H-1B cap-subject petitions were receipted and 4,500 petitions for aliens with advanced degrees; as of October 7, 2011, approximately 41,000 “regular” H-1B cap-subject petitions were receipted and 19,100 H-1B petitions for aliens with advanced degrees.

However, towards mid-November 2011 H-1B submissions pace towards both quotas has drastically accelerated.  As a result, both quotas have been reached much earlier than expected.  We at Valentini Law Offices tell our potential clients that predicting H-1B quota is not an exact science.  Like with many things in life, acting fast and applying for an H-1B skilled worker visa as early in the “H-1B season” as possible can be crucial.  As the saying goes, an early bird catches the warmth!

An H-1B quota for Fiscal Year 2013 will be opening up on April 1, 2012.  An H-1B quota consists of two separate “sub quotas,” 65,000 quota is established for foreign nationals holding bachelor’s degrees, and another 20,000 quota is set up for foreign nationals with advanced degrees from US educational institutions.

Generally, if an H-1B application is approved, a foreign national employee is authorized to start working for a US employer at the start of the fiscal year, on October 1, 2012.  Optional Practical Training (OPT) status holders might be eligible for a “Gap Cap” that would allow them to start working before October 1, 2012.

Since the H-1B quota for FY2013 might not remain open for long, eligible foreign workers and their US employees are advised to immediately contact Valentini Law Offices to start H-1B application process.