To our surprise the H-1B cap has not been met due to the economy.    As of May 4, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. Last year the H-1B Cap was not only met, but there was a lottery to determine which applications would be accepted, due to the high number of H-1B applications that were filed last year. 

USCIS continues to accept advanced degree petitions stating that experience has shown that not all petitions received are approvable.