H-1B 2010 – Latest Cap Count News – Aug. 7, 2009

Raghuram Sukumar H1B Visa 10 Comments

The USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered.

If multiple petitions are found, whether one or more such petitions are approved, the USCIS will encode all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition had been previously approved, revoke such petition.

The petitions will not be returned to the petitioner.

As of August 7, 2009, an approximate of 44,900 H-1B cap-subject petitions as well as around 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

The 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.

This takes into account the fact that some of these petitions may be denied, revoked, or withdrawn.



  1. Experts,

    What will happen if we file H1B petitions through 2 different employers ? Assuming Petition from 1 employer got approved, and petition from other employer got denied. What will be the final result ? Approval ? or Rejection ?

    Thanks in advance for your advice.


    1. @Jazz – Final Result will be
      Approved Petition = Approved ( You can work for the employer)
      Denied Petition = Denied.

  2. Can some one confirm if USCIS has sent out the notices on the petitions filed so far?
    Also is there any way to track the response??

  3. I have a H1B approved, but due to the economy situation the company decides not to hire me anymore.

    Can I use the same H1B with other company?

  4. Hi,

    I have a bad situation at my end. My consultant filed a single VIsa Petition at the California Service Center ( bearing a WAC no.), which was later transferred to the Vermont Service Center ( I saw the updates on the website), where they issued a new case number ( EAC number). Now, they had requested a RFE, which was replied back without any issues.

    I got a denial from the Visa office 2 days back stating that the Visa was filed by the same employer twice ( one with the WAC number, and the other with the EAC number). It seems that someone has goofed up in the USCIS, and has resulted in a denial in my case. Now, I might need to go for a reopening of the case, but it seems that I would need to shell out 600 odd dollars for no fault of mine.

    Is there any other way to help me out here ???

  5. Hi,

    I work as a postdoctoral research associate for a university on a H1-B visa. A few months ago I pursued an internship with a company and for that I took a leave of absence from the university and the company had applied for a Concurrent H1-B. Recently the company has offered me a job. Will be possible for the company to apply for a H1-B visa under the current 65K cap?

    In advance, thank you very much for your answer.

    1. You can be in H1B payroll only with single employer. With leave of absence, you cannot work for another employer.
      Yes, new company can apply for your H1B, but consult an attorney. Looks like you have violated your status by working for another employer with work authorization.

  6. 20000 h1b quota for USA masters or advanced degree is considered on
    Masters or Advanced degree certificate from US university
    some thing like US semesters credit hours like 120(ug)+30(Advanced/masters)= total 150 credits
    90(ug)+30(Masters/Advanced degree)= total 120 credits
    is also considered

    Which degrees are considered as Adva
    nced degrees for h1b

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