November 3, 2009
As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed. USCIS had already confirmed previously that the 20,000 H-1Bs reserved for aliens with advanced degrees were exhausted and any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.
The latest update means approximately 7,100 cap-subject H-1B petitions were filed in the five weeks between 09/25/09 and 10/30/09. This indicates a significant up-tick in the number of filings, as only 1,700 filings were received by USCIS in the six weeks between 8/14/09 and 09/25/09.
Taking into account the 6,800 H-1Bs that are reserved for nationals of Chile and Singapore, there are essentially only approximately 4,400 H-1B cap numbers remaining as of last Friday.
Therefore, it is possible that the H-1B cap may be reached in mid-November, or even sooner if the rate of up-tick in filing continues.