The FY 2012 H-1B cap was reached on November 23, 2011.  USCIS will not accept any new H-1B petitions for workers who have not before held H-1B status -- these include petitions to change from some other status to H-1B status as well petitions for new H-1B classification for workers outside of the United States who have not held H-1B status within the past six years.

The H-1B cap does not affect the majority of H-1B petitions and USCIS will continue to accept H-1B petitions that are not subject to the cap and to process them normally.  H-1B petitions which are not subject to the cap include :

• Extend the period of stay of a current H-1B worker
• Change the terms of employment for current H-1B workers
• Allow current H-1B workers to change employers
• allow current H-1B workers to work concurrently in a second H-1B position

At this time, the earliest date that an employer may file an H-1B petition for a worker subject to the cap to begin work in the United States is April 1, 2012.  The earliest date that a worker subject to the H-1B cap may begin work in H-1B status, assuming that the petition is approved, is October 1, 2012.