The FY-2010 H-1B cap (for new H-1B visa employment beginning October 01, 2009 – September 30, 2010) has been reached as of December 21, 2009, and that is the final receipt date for FY-2010 cap-subject H-1B visa petitions.
USCIS will reject cap-subject FY-2010 H-1B visa petitions received after December 21, 2009. Cap-subject FY-2010 H-1B visa petitions physically received by USCIS (not merely postmarked) December 21, 2009, will be subject to a computerized lottery to determine which will be accepted for FY-2010. USCIS will reject cap-subject FY-2010 H-1B visa petitions not selected in this lottery.
The H-1B visa filing period for the coming fiscal year, FY-2011, begins April 01, 2010 (6 months in advance of the beginning of the US government’s fiscal year), which runs from October 01 to September 30 of each year. On April 01, 2010, prospective H-1B employers may begin filing cap-subject FY-2011 H-1B petitions with a start date of October 01, 2010.