On November 18, 2009, the USCIS released the most recent count on the uses of H-1B quota. According to the USCIS, as of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. About 900 H-1B had been filed within one week. USCIS 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.