As you know, USCIS did a press release earlier today that H1B Visa 2013 cap is complete. Unfortunately, if you did not make it through for this year FY 2013 cap, you may be having lot of questions. We tried to compile list of most frequently asked questions for your benefit. Also, you can read H1B Visa 2014 FAQs
What are the cap reach dates for H1B Cap 2013 ?
- H1B 2013 Regular quota cap reached on June 11th, 2012
- H1B 2013 Masters quota cap reached on June 7th, 2012
My H1B application was sent to USCIS on June 11th, will I be considered towards cap ?
June 11th, 2012 is the final receipt date for new H1B petitions filed under 2013 quota. To be considered for 2013 cap, USCIS should have physically received the petition on June 11th, 2012. Petition sent to USCIS with postmarked June 11th, 2012 will not be considered by USCIS, they will reject the petitions received after June 11th, 2012.
I am a student with Masters degree from USA, I have sent my H1B application on June 7th, 2012 and USCIS received it before June 11th . Am I counted towards H1B 2013 cap ?
Typically, all advanced degree petitions that did not make it to Masters H1B quota are added to regular quota. Advanced degree petitions received by USCIS between June 7th and June 11th are also considered to have made through the FY 2013 cap.
Will there be lottery for petitions received on June 11th, 2011 ?
No, USCIS does not state any information about lottery in their press release. All petitions received through June 11th are considered to have made through the cap. In the past, USCIS press release explicitly mentioned about lottery, when they intend to conduct one. As there is no news on lottery, one can assume that all petitions received until June 11th, 2012 have made it through the 2013 cap (just like last year when all petitions received on the last day made through the cap)
I have filed for H1B Premium processing ? How will I get receipt numbers ?
Premium processing petitions will receive the receipt numbers through email (sent to employer/attorney) within couple of days
I have filed H1B under regular processing ? How will I get receipt numbers ?
Non-premium processing petitions will receive the receipt numbers through regular mail (sent to employer/attorney) within 60 calendar days
I have filed my LCA and still waiting on its update to file H1B petition for FY 2013, what should I do ?
Unfortunately, there is no point of following up on LCA as they will become irrelevant because of the H1B cap closure.
I am filing for H1B extension, will I be counted towards cap ? I am transferring from Company A to Company B, will I be counted towards cap ?
No. If you had an approved H1B petition previously and looking to transfer from Company A to Company B or filing for an extension, you will not be counted towards cap. USCIS will continue to accept such petitions
Where is the official press release ? Can you point me to USCIS link ?
Official USCIS Press release : USCIS Reaches H1B 2013 Cap
When does next H1B Season start ? Will it be in 2014 ?
Typically, USCIS accepts petitions from April 1st. So, next H1B 2014 season would begin from April 1, 2013. Read H1B Visa 2014 FAQs
Do you have any other question ?