Monday, May 20, 2013

CAP-SUBJECT H-1Bs HAVE ALL BEEN RECEIPTED

The USCIS has confirmed through AILA that all 2013 H-1B cap-subject cases have been receipted in this past week.  This is a little quicker than we had expected.  If you have not received an H-1B receipt notice the chances are that your case did not win the H-1B lottery.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject is returning the petition along with the USCIS filing fees.
F-1 students who did not win the lottery must exit the US at the conclusion of their F-1/OPT period.

Many H-1B petitions are not subject to the H-1B cap, including:
* H-1B extension petitions
* H-1B transfer petitions
* Certain H-1B petitioners for University employers
* Certain H-1B petitions for Non-Profit Research organizations

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