H-1B CAP COUNT DROPS DUE TO DENIALS AND WITHDRAWALS

USCIS just reported a decline in the number of H-1B cap count from recent announcements. For the first time, USCIS reported that as of July 10, 2009, a total of 44,900 H-1B petitions were counted against the 65,000 annual cap limit, 900 less than the cap count of 45,800 at the end of May 2009, two months prior. This is probably not a calculation error by USCIS, but due to the large number of withdrawals, denials and revocations of H-1B petitions which exceeded the number of new H-1B petitions filed in the last few weeks. USCIS has been hitting hard a number of H-1B petitioners, mainly IT Consulting firms and small businesses, sending boiler-plate Requests for Additional Evidence for everything including the kitchen sink.

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