November 28, 2005 - The USCIS reports that as of November 14, 2005, slightly less than 4,000 H-1Bs were still available for holders of advanced degrees from US universities. (The H-1B quota for non-US masters degree holders for FY2006 was filled on August 10, 2005.) The H-1B count update can be found at http://www.uscis.gov/graphics/services/tempbenefits/cap.htm.

BAL Comment: Clearly, we are approaching the end of the quota for parties holding advanced degrees from US universities. Often quotas close with no advance warning - therefore every effort should be made to expedite the decision to proceed with such filings. Once the remaining H-1Bs for US advanced degree holders have been used, the earliest date for which an employer may again file for a new nonexempt H-1B is April 1, 2006, for H-1B employment starting on or after October 1, 2006. The quota does not affect extensions of stay or transfers to new employers for individuals with current H-1B status.