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H-1Bs Still Available for FY 2010

As of 04/28/2009, USCIS reports that it has received 45,000 petitions towards the 65,000 H-1B quota for FY 2010.  The agency has already received 20,000 or more cases that are eligible for the advanced degree quota exemption.  They will continue, however, to accept both advanced degree and H-1B cap filings until the entire annual H-1B quota is reached.

H-1B numbers have been used very slowly since April 1st.  Filings are expected to increase in coming weeks as students complete their degrees and become newly eligible for H-1B status.  Additionally, many employers may wish to change the status of F-1 students currently on Optional Practical Training (OPT) earlier than planned because of the unexpected availability of numbers.  Employers should assess their further FY 2010 H-1B hiring needs ASAP to take advantage of the open quotas and to properly prepare their cases.

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