USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/21/11, approximately 46,200 H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

From hereon, the U.S. master or higher degree holders seeking H-1B cap petitions will start consuming the regular cap numbers. Accordingly, it is likely that the H-1B regular cap is likely to reach a little bit ahead of the last year's pace. Excluding Chile and Singapore free trade agreement H-1B1 numbers, the practical regular cap number is 52,800 instead of 65,000. Currently the practical cap number available is about 6,600 excluding the free trade cap numbers. In 2010, the cap count as of 10/19/2010 for regular cap was 41,800 and master cap was 15,700. The regular cap thus moved slower because the master cap number consumption was slower. The situation is different this year. Employers, beware! Once the cap number reaches, employers will not be able to hire new H-1B employees until October 1, 2012. The regular H-1B cap this year can reach as early as December 1 or sometime before or right after December 1, 2011.