USCIS advises today that, as of August 4, 2004, it had received 40,000 cap-subject H-1B filings subject to the fiscal 2005 cap. Of those, 21,000 have been approved; the rest are in the pipleline.
As is known by the readers and our clients, the H-1B cap for this year is 65,000. The cap for last fiscal year reached in February of 2004 and application for the cap of 2005 started on April 1, 2004. With the rate of the usage, it is highly possible that all the H-1B number will be used up to the cap even before October 1, 2004 when the fiscal year even starts. This certainly shows the need for increase of the H-1B cap. However, before that happens, the only way for our readers and clients to preserve the chance to change to H-1 is to file the application A.S.A.P.