U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions by December 21, 2009 to meet the congressionally mandated cap for fiscal year (FY) 2010. USCIS will reject and return filing fees of all cap-subject petitions not received by December 21, 2009, unless found to be duplicates. (Duplicate filings will be rejected and filing fees will not be returned).
Any petitions that are rejected by USCIS may be re-filed by employers on April 1, 2010, when additional H-1B cap numbers become available for FY 2011, requesting a start date of October 1, 2010.