H-1B Cap FY 2010 Not Hit

Raghuram Sukumar H1B Visa 102 Comments

It looks like the H-1B Cap for FY 2010 was not hit during the first 5 days. So this is good news to companies that submitted H-1B visa applications this year. There will be no lottery.

USCIS Update

April 8, 2009

USCIS Continues to Accept FY 2010 H-1B Petitions

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap.

USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.

Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met.

The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.

The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date.

USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

Petitions filed on behalf of current H-1B visa workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap.

Therefore, USCIS will continue to process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B visa petitions among general U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

If there is any information released out to news media by USCIS, we will update it here in Happy Schools Blog. If you want to get instant updates, signup for the blog newsletter by submitting your name and email below.

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Comments

  1. are you sure? so, you mean we can already sleep well? i am really worried about the cap. i hope that's really true. i checked the us cis site, but there's no news about that.

  2. This may be stupid question but – Does it mean that all the apps recieved thus far will be approved???

    This is good-fuckin'-news 🙂

  3. hopefully thats true. i called up my lawyer to verify, she said no official announcement yet. I have my fingers corssed.

    1. After seeing all the comments ,I'm getting some streak of hope I'm on cloud nine….Thank God

  4. Is it true? I am anxiouly awaiting for this news and I will still keep an eye on this useful website.

    Thanks for your good news.

  5. Awesome! I was SO looking forward to this!

    It made my day! — No, make that my year! 🙂

  6. Guys, please join me in insulting those who wrote in this forum that they knew USCIS received the same number of appications as last year or that the number of applications this year was expected to be 200,000 or so… I had very bad drems for those comments!

  7. Hey, just wondering where did you guys got this news? Could you post the link.

  8. There is nothing on the USCIS website stating this.. Im not sure if this is official news

  9. GOod News!

    I have verified with my attorney!!

    When you get approval, it's time to stop crossing fingers and celebrate. Thanks God

  10. This news has been posted by American Immigration Lawyers Association (AILA)
    It should have some authenticity to it…

  11. Life is so much simpler and the system is so much cleaner once those gulti mofos working as fraud consultants are no loner in the picture. Sorry guys, I am not a racist but it pains me to see a bunch of uneducated jackasses ruin my country's reputation in the US.

  12. I Love Happy Schools Blog!!!

    Just want you to know that you're the best ever!!! 😀

  13. Ok, Then this means that all the app's received on April 1st are going to get an approval????????? I don't want to start celebrating but if is like that is AWESOMEEEEE

    1. No, it doesn't mean they get approval. It just means they are actually going to look and evaluate each application on its own individual merit.

      At the very least, your application isn't tossed out because of a roll of the dice!

    2. I agree!

      I know it's not yet final since we still have the interview.

      But knowing that we are in! Makes us so Happy!!! 😀

      😀

  14. hey.. thanks to this blog.. i 1st learned the good news in this site.. It's official! I saw it in the US CIS site.. just click the Press room.. it is still not posted in the 'what's new' page.. but maybe later, it would be there already.. good luck to all of us! Thank God!

  15. Well, this is fantastic news…

    This economic down-turn actually may have helped our situations folks! Its nice to see a little positive from all of the negative we've been seeing lately.

    I guess the 2 lawyers I spoke with, (who both predicted at least 30% less applicants) were right. This, PLUS, the removal of multiple applications, PLUS, the potential fines/prison time for fraudulent applications has allowed the system to function the way it was meant to!

    I hope everyone here gets final approval.

    1. I hope so too….

      Just want to Thank God for such a wonderful blessing!!! 😀

  16. "To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date."

    I don't know guys… It does not say anything about the "mini lottery". It rather states that in case of exceeding the cap on the final receipt date, they will still do the normal lottery including people who filed before April 7th. Probability of getting the visa is obviously much higher but not 100%.

    I hope I'm wrong. Let me know.

    1. Does it mean will just be the H1B 2010 mini lottery on day when H1B Cap is filled? That is what I understood.

    2. THIS IS COMPLETELY WRONG! IF FOR EXAMPLE AS OF APRIL 10 THEY WILL HAVE RECEIVED 64,000 APPLICATIONS (FOR THE REGULAR CAP) AND ON APRIL 11 THEY RECEIVE ADDITIONAL 2,000 APPLICATIONS THE LOTTERY (SO CALLED MINI-LOTTERY) WILL BE RUN FOR THESE 2,000 APPLICATIONS RECEIVED ON APRIL 11 ("FINAL RECEIPT DATE") AND 1,000 APPLICATIONS ONLY WILL BE SELECTED. THIS IS HOW IT WORKS, PLEASE TRY NOT TO MISLEAD PEOPLE!

  17. thx God! i have question,

    if I get receipt is it 100% I'll get the h1b visa?

    1. Of course not… see below…

      What this means, is EVERYDODY who submitted within the first 5 days, will get a receipt and will have their H1B application reviewed…

      Don't forget that not ALL H1B applications are granted!!!

      Use some common sense folks…

      1. ow ic, i thought receipt means the application has been reviewed .. thx for the info then… still hoping for the final result…

  18. Lookguys,this all sounds great, but the question is, it says NOTHING about that those who applied in the first five days will not undergo a lottery. So, PLEASE someone explain this, does this mean that ALL applications will go through a lottery when the cap is reached ??

    1. See below:

      “To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date.”

      I don’t know guys… It does not say anything about the “mini lottery”. It rather states that in case of exceeding the cap on the final receipt date, they will still do the normal lottery including people who filed before April 7th. Probability of getting the visa is obviously much higher but not 100%.

      I hope I’m wrong. Let me know.

      1. filip2220,

        that's EXACTLY what I'm thinking! I mean, we can't go around listening to rumours about this minilottery thing. Is there such a thing as a minilottery or not? and if some say that all applications in the first 5 business days of april will all be accepted without lottery, where did you get this from ?? Where does it say so on the USCIS site? Is this real or not? Because if it isn't real, then we'll just have to wait until all applications are received by the USCIS, and see if they've reached the cap or not. If they have, then that will mean a lottery, and if not, then no lottery. When I first read this I thought "hey, wait a minute…what does this mean??" Honestly I don't know whether I should be happy or not, but I'm definitely confused!

        1. Guys,

          Think practical…What do you understand by final receipt date?

          Official final receipt date is Oct 1st…So do you really think USCIS will keep accepting applications till Oct 1st and then do the lottery…thats just not real…Do you think USCIS will wake up one fine day and say that ok we have received enough applications, lets just do lottery…this is not how it works…if USCIS received more than 85000 visas on first day itself then the first five days of window meant that April 7th was the final receiving date …In that case USCIS would keep accepting application until final receipt date i.e. April 7th and do the lottery…Since they have not yet received enough application to meet the cap they will process and accept all the applications they already received and keep processing the new ones until cap is met…this is how it used to work in those golden years before 2007…

    2. You're right, it doesn't say "no lottery" they almost reads that they might be still accepting petitions till a certain undecided date (final receipt date) and then go for a lottery, looks like the Devils still there

      1. No lottery for all of us who file the application already!!!!!

        The mini lottery (final receipt date) mean:

        For example: They have 65000 quota in total, and let say they received 64999 up to today. And tomorrow they receive another 1000 application. Then tomorrow will be the FINAL receipt date, any application receive after tomorrow will be reject. And there will be a mini lottery for that 1000 application received on the last day for the 1 quota left…..

        Understandable??

        1. but again, no lottery for us only mean they will REVIEW our cases. It doesn't mean they APPROVE our cases.

          Whether they approve or not is really depends on how strong your case is……..and for those who paid $1000 for the express process will know the result within 10 days:))

        2. Where does it say that? where does it say that April 7th was a Final receipt date? and all petitions received before that wont be under a lottery? lets try to read what is is as against make it sound like what we hope it is.

          No where does it say that they wont be a lottery for petitions before and on April 7th, it very clearly states that a Final Reciept notice will be later "notified" to the public. So yes there will be a lottery if they get more than 64k in general and 24k in Masters.

          1. No, there wont be a lottery for ALL the application receive BEFORE the very LAST FINAL RECEIPT DATE.

            They keep receiving application no matter how many application they received for the FIRST 7 days. But they will STOP receive appliation once the quota is met.

            There was a lottery for 2008 & 2009 cause they received more application than the quota they have for the FIRST 7 days.

            But since the qutoa is not met for the FIRST 7 days this year…..those application which already received won't get into the lottery. Only those receive on the FINAL receipt will.

          2. @True – USCIS have clearly stated. Since there is no enough applications, there will be no lottery for all the applications received till yesterday.

            No where does it say that they wont be a lottery for petitions before and on April 7th,

            Refer to Press Release from USCIS, its also posted here at HSB.

            All applications received till April 7 will have receipt date of April 8. If you send applications after that, it will have different receipt date. Reason for having April 8 is take OPT students into consideration.
            So, there will be mini lottery for applications received on one day when cap is filled.

          3. I highly doubt it, what you are saying is your own interpretation, the press release does not mention any 7th April or 8th April date, infact if thats the case as you're mentioning then they will start giving out the receipts and would have mentioned it, we will have to wait and see how USCIS interprets its ruling.

        3. Yes, it's true. I got a verification from my attorney that there won't be a lottery!

  19. Look up what "as of" means:

    "as of" = beginning on; on and after; from;

    1. I hope you're right. I just spoke to my lawyer and she said that there may be a random lottery but our chances improved significantly.

    2. So you think we're talking about a lottery for those recieved on the final date only, not before? that would be great.

    1. I talked to my lawyer and she said "if the cap has not meet as of Apr 7 2009" there will be no lottery for the people who has thier application submitted before Apr 7 2009.

      If only 40000 application recieved by Apr 7 2009 no lottery for 40000 peoples.

      If they receive 50000 application After Apr 7 then 50000 application will be subjected to lottery.

      So if the cap has not met for 5 days then no lottery for those application but that does not means its approved.So keep your fingers crossed for Approval notice.

  20. how long does USCIS usually take to issue approval receipts? any ideas or guesses..

  21. and BTW, that was just an expamle explaining the meaning of the mini lottery. I did not mean that Apr 7 is the FINAL receipt date at all!!! The final receipt date is still an unknown so for those who still didn't file their application should file it ASAP!!

    1. EXACTLY, IF FOR EXAMPLE AS OF APRIL 10 THEY WILL HAVE RECEIVED 64,000 APPLICATIONS (FOR THE REGULAR CAP) AND ON APRIL 11 THEY RECEIVE ADDITIONAL 2,000 APPLICATIONS THE LOTTERY (SO CALLED MINI-LOTTERY) WILL BE RUN FOR THESE 2,000 APPLICATIONS RECEIVED ON APRIL 11 (”FINAL RECEIPT DATE”) AND 1,000 APPLICATIONS ONLY WILL BE SELECTED IN SUCH MINY LOTTERY. THIS IS HOW IT WORKS, PLEASE TRY NOT TO MISLEAD PEOPLE!

  22. My company's immigration personnle got back to all of us on behalf of whom H-1B petitions has been filed this morning and told us about the good news that the H-1B cap has not been met for both 65,000 regular and 20,000 Master's cap. Since they have filed for premium processing, we were also notified that we should have the visa approvals within the next 15 days, although it won't be effective until October 1st. It has been an amazing day for all of us who had applied for the visa, and as long as its a legit case through a legit company you should'nt worry at all. As fas as Mr. Raju – the aspiring immigrant who wants to come here and buy a BMW, I along with many others who have seen your weird and meaningless rambling over the quotas and visas on this forum for the past month – please do keep us all posted if at least one of your 5 H-1B applications gets approved.

    1. Well..In midst of all this jubilation we completely forgot Mr. Raju and his antics…

    2. Well..In midst of all this jubilation we completely forgot Mr. Raju and his antics…I still can't believe H1B is so important for some people that they willingly sell off all their assets just to get it…

  23. So the news that we have…Im confused by the way its worded. Its great that the cap hasnt been reached but:

    "To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date"

    Sounds like they are going to wait until the final receipt day and do some sort of lottery. Is this the mini lottery thing? and to those of you who have previous experience/info, does this mean if you applied already you are in?

  24. people just chill on a bear..all of us r in better shape then what we thought so just relax till you hear further..

  25. OK, lets start a mini-thread on guesses as to how many applications they received on the first 5 days… (Not like it matters, but I think it could be fun!)

    I'm guessing 50,000 Standard Cap and 15,000 Masters Cap applications.

  26. I am guessing 20,000 Standard Cap and 1,000 Masters Cap applications.

  27. Ok. Many are confused about the mini lottery. Here is a link I found, they explained how this stuff works.
    http://www.visapro.com/Immigration-News/?a=1219&a
    They are saying that:

    "If the USCIS do not receive enough petitions to reach the H-1B quota within the first five business days, it will continue to accept H-1B cap petitions until the quotas are met. The date on which a quota is eventually reached will be declared the "final receipt date" – i.e., the last date on which USCIS will accept cases filed against that particular quota. USCIS will then run a lottery to choose among the petitions received on that date. Cases received before the final receipt date would not be subject to the one-day lottery."

  28. Regarding the mini lottery , here is the clarification from visapro:

    If the USCIS do not receive enough petitions to reach the H-1B quota within the first five business days, it will continue to accept H-1B cap petitions until the quotas are met. The date on which a quota is eventually reached will be declared the "final receipt date" – i.e., the last date on which USCIS will accept cases filed against that particular quota. USCIS will then run a lottery to choose among the petitions received on that date. Cases received before the final receipt date would not be subject to the one-day lottery.

  29. USCIS says there won't be a lottery for applications received on the first five days.

    Please read properly before posting your own ideas of the H1-B process.

    "USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.” The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit *IMPORTANT* from the petitions received on the final receipt date. *IMPORTANT"*

    "

    1. Rennie,

      You have a valid point, but based on what was published today as a USCIS press release the following lines caught my attention:

      "To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date."

      I am not sure if all the petitions will be involved in the lottery or not. I am also quite confused on how to interpret the sentence.

      1. The lottery will involve only the applications received the Final Recipt Date (wichh is the date in which the cap will be reached and superceed) and it won't affect the application received prior the Final receipt date

    2. It actually says : To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received AS OF THE final receipt date. AS OF THE does not equal to ON

      1. Bob, you can get it from the context..it is pretty straightforward but, in any event, USCIS has changed the wording to make it easier.. good luck

  30. USCIS informs AILA that almost half of the petitions needed to meet the FY2010 cap have been received and almost all of the petitions to meet the master's cap have been received.

  31. To those of you who were worried about the wording in the USCIS website, the text seems to have been changed:

    "…To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date…"

    Only lottery for the applications received on the final day!

    http://www.uscis.gov/portal/site/uscis/menuitem.e

    1. The link that you provided is from March 20. USCIS's today's statement has "RECEIVED AS OF THE FINAL RECEIPT DATE", but in the link from March 20 it says "RECEIVED ON THE FINAL RECEIPT DATE". So the language has "as of", compared to "on". So, this is pretty tricky!

    1. RAJU, Now Big JOBS is not far away from u. You were rite at last you got it man. Now u willbe all set. Congts man. let me know when u come to New york.

    2. Hi i also applied H1B visa this year(2010).

      where to see the results wheather its approved or not ?

      please any one can help me.

  32. I am sorry to disappoint you guys, but you should read official uscis we site, there isn't any update. Is this web site a joke????

    1. u need to do ur research properly b4 talking…its in the press releases

  33. If there was a mini lottery, and you were NOT picked, your application will immediately be REJECTED even if it met all the standards set by USCIS. So thank goodness that applications received on or before April 7 this year will NOT be subjected to the lottery! That means all our applications will be given the chance for approval. It will be rejected ONLY if you do not meet the standards. So yes you can sleep, but not quite comfortabley yet… The day you can truly sleep soundly is the day you receive your APPROVAL NOTICE (not the receipt notice). I heard that bigger companies have better chances of approval than smaller ones. I still am holding my breath…

  34. its really good news that no lttery for the people who applied before Apr 7 2009. I hope my h1b gets approved now.I work for a genuine American Company not any consultancies. So hopefully it gets approved and lets see what happens.

    1. …………………………….

      !!!! genuine American Company !!!

      …………………………….

      LOL

      Very Funny Bro.

      1. when you have all those shady consulatnats then you have to use the word geuine ….got it ,,,;lol………..

    2. to dka, until you receive your H1b, you SHOULDN'T be working for any non-consultancy-genuine-american-company. after Brad, the FBI should track you down next…

          1. cool it man! just having a little humor here. with the recession and all, some americans won’t welcome our stay in the US. us foreigners must stick together (foreign power!). let’s hope our lawyers filed our petitions right and down with the RFEs!

  35. Wonderful, now everyone go home. This is not a real website and is under investigation. The encouragement has good intention, but will not work. Please be advised that you will be subject to FBI tracking.

  36. hi dear friends,

    when can we usually get the notice about if we are approved or not? Someone told me in June/July. Is that correct?

    Also will the immigration notice us by email or just regular mail this year?? thanks a lot!

    1. Somebody got approved already and was notified by e-mail! Check out the forum from happyschoolsblog entitled “H1B FY 2010 Cap Count : 42,000 + 20,000” (just click on the link above this forum). For those who did not apply through premium processing, I think the response time might be sooner than June.

  37. I just got a job in my filed of study i.e Civil Engineering, Can I still apply for h1b now? as the quota is not yet full?? Please do let me know.

  38. Hi

    I am on L1 currently working in USA. would like to apply for H1B.

    Is there any chance i can apply it now.I dont have the employer

    so i think i need to consult any consultancy,.. i am new to this

    can you just give me someinformation like . any good consultancy

    to whome i can approch .and what are do's and don't when dealing with these consultancies.My project may end up this mid October so company if it doesnt have any project then would like to send me back . but i dont want to get back to india .. now.. so can u tell me the other options that i can look into so that i can stay here longer..

    Thanks you

  39. Hi,

    I was able to get H1B visa, and my family H4 visa as my dependents, my question is can they enter US without me traveling with them? I am going ahead of them and they will fallow after a year. Is it necessary that I as the principal will travel with them orcan they enter anytime even without me. thanks

    1. Hi,

      Congratulations for the visa approval..

      Your family can travel later. That is not an issue. But they need to have all the documents with them like i90 etc.. All the important documents should also be present with them. But they can travel later so no worries 🙂

      Reshma

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