October 2004

H-1B CAP REACHED BEFORE THE YEAR BEGINS

On October 1, 2004 the USCIS announced that it has enough cap-subject H-1B petitions in the pipeline to meet the fiscal year 2005 cap. The USCIS said that it will return all cap-subject petitions received after October 1, 2004 to employers who filed them. The next date on which cap-subject H-1B filings can be accepted by USCIS will be April 1, 2005 (for a start work date on or after October 1, 2005). The cap applies only to new H-1Bs.