The Cap seem to be moving slowly in the past few months, but something is different with the release of the new count this week.
As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. It seems that some employers are hiring again and willing to file for H1B visas for specialty workers. This is a good sign, but this also means that visas may run out sooner than expected.
USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.