USCIS has updated the H1B cap count. As of September 25, 2009, the regular Cap count is 46,700. The advanced-degree cap remains at 20,000.
Since neither cap has been reached at the time of this writing, the USCIS will continue to accept FY2010 H1B cases under the advanced-degree and regular caps.
Hence, employers can still apply for H-1B petitions. However, we caution that even if the cap is open still getting an approval is a hard nut to crack. Please make sure following while applying for fresh H-1B Petitions:
1. Itinerary needs to be provided;
2. Project support documents needs to annexed which may inculde Letter from Client/Work-order/Statement of Work, as the case may be;
3. If you are hiring for in-house requirement, ensure to provide all related documents which able to justify in-house requirements for a specialty worker;
4. Job Description and your requirements must satisfy Specialty occupation.
We will continue to provide updates on the H1B cap. Let us know if we can help in any such filings.