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H-1B Quota: When Will It Get Capped?
7 Oct 2009

We have been asked this question more frequently in recent days. 

Just take a look at the slow movement of numbers after the initial filing “window” of five business days in April 2009.  On April 9, USCIS announced that 42,000 petitions were filed against the general quota.  The latest number put out by USCIS on September 25 was 46,700.  The unprecedented rate of denials by USCIS is also a big contributing factor.  Even the encouraging news-bytes about the recession getting over do not seem to have much impact on the H-1B filings.

We are also asked how the numbers could go down.  There could be a couple of reasons.  One, USCIS could have counted wrong (as happened sometimes in the past).  Or, as the cases were denied, they were put back into the quota.  The second reason would seem more plausible.

All said and done, we are six months into the filing and the numbers are more or less stagnant.

Now it is anybody’s guess as to whether the numbers will ever get capped.  It would be interesting to wait and watch!

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