On September 2, 2004, the USCIS released a Public Notice and announced that as of August 18, 2004, it has received 45,900 H-1B petitions that will count against the Congressionally-mandated cap for fiscal year 2005, which starts from October 1, 2004 and ends on September 30, 2005.
IMMIWEB.COM has been reminding our readers to keep a close eye on the number of petitions filed that are subject to the H-1b cap. Once the cap is reached, unless the Congress is able to pass addition to the cap, readers will have to wait until next April to file new H-1B applications with effective date set on October 1 of 2005. Petitions seeking extensions or modification to current H-1B employment, however, are not counted against the cap. Besides, persons working for employers statutorily exempt from the cap (such as institutions of higher education, or nonprofit research organizations) are not counted against the cap.