The USCIS has indicated that it has not yet completed the adjudication of all of the H-1B cases that it accepted for processing under the fiscal year 2009 (October 1, 2008 through September 30, 2009) H-1B quota.

The USCIS stated that it historically accepts more petitions than it has available under the statutory quota in order to account for denials, withdraws, etc. The USCIS stated that under the regular cap, it accepted 71,000 petitions towards the H-1B quota of 65,000. Under the U.S. Masters or higher degree Exemption from the H-1B quota, the USCIS stated that it accepted 22,000 petitions towards the numerical limitation for the exemption of 20,000.

The USCIS stated that as of September 17, 2008, the USCIS has approved 59,100 petitions under the regular H-1B quota and that it still has 9,500 petitions remaining. The USCIS indicated that it has still not touched and reviewed approximately 5% of the petitions accepted under the regular H-1B quota.

Additionally, the USCIS stated that as of September 17, 2008, 19,500 petitions have been approved under the U.S. Masters or higher degree Exemption. It stated that it has approximately 2,100 petitions remaining. It also stated that approximately 6% of the petitions accepted for processing under the U.S. Masters or higher degree Exemption have not yet been touched or reviewed by the USCIS.

The USCIS stated that it expects to complete the processing of all of the H-1B quota petitions shortly. However, the USCIS stated that it cannot guarantee that all of these petitions will be reviewed before October 1, 2008 which is the date when the government’s fiscal year 2009 commences.