There are approximately 18,000 H-1B visa numbers remaining from the 65,000 quota available for private sector H-1B employers for a start date in the current fiscal year ending September 30, 2012.

The 20,000 additional numbers for applicants possessing a Masters Degree from the U.S have been used and are no longer available.

After the supply of numbers is exhausted, the Immigration Service will continue to process the following types of H-1B Petitions for immediate employment in the private sector:

• Extensions of stay for current H-1B workers.
   

• Changes in the terms or conditions of employment for current H-1B workers.
   

• Transfers of current “private” H-1B workers to new employers.
   

• New petitions for workers who previously held “private” H-1B status during the past six years who have not been absent from the U.S. for more than one year.
   

• Petitions for concurrent employment of H-1B workers.

Cap-exempt employers are still free to seek H-1B status at any time, without regard to the quota limitation on the private sector.

When the remaining 18,000 numbers have been used, a “new” H-1B petition for a private sector employer will only be possible for an October 1, 2012 start date. Those petitions can be filed beginning April 1, 2012.

Please feel free to contact our office if you have any questions.