H-1B Visa Quota Updates H-1B Visa – FY 2011 H-1B Cap Count (Updated December 29, 2010) USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of December 29, 2010 USCIS has receipted 53,900 H-1B cap-subject petitions. This  cap will be reached when USCIS receives 65,000 H-1B cap-subject petitions. USCIS has receipted 19,700 (300 Left) H-1B petitions for aliens with advanced degrees. This cap will be reached when USCIS receives 20,000 H-1B petitions for aliens with advanced degrees. H-1B Quota / Cap Exemptions: The following H-1B petitions are not subject to the annual quota: An amended H-1B petition. An H-1B Renewal/Extension petition. An H-1B Transfer petition. The employer is an institution of higher education (College or University). The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University) and the Foreign National Beneficiary (Worker) is enrolled in the jointly managed program. The employer is a nonprofit research organization or a governmental research organization. The Foreign National Beneficiary (Worker) has been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status.