Home » US Immigration - Visas » H1B Visa » GUIDE to H1B Visa 2023 – Lottery, Registration, Predictions, News, FAQs

GUIDE to H1B Visa 2023 – Lottery, Registration, Predictions, News, FAQs

If you plan to work in the US on an H1B visa in the year 2022, you need to first submit H1B Registration and then file an H1B petition with USCIS for the Fiscal Year 2023. In this article, we cover all the aspects of the H1B visa for the fiscal year 2023 season like lottery dates, registration process, fees, new rules, and the latest news. We continue to update this article as there are new updates.

If you were unlucky in H1B FY 2023 season or planning to work on H1B next year, read H1B Visa 2024 – Timeline, Lottery, Dates

Update: USCIS updated on August 23, 2022, that there will not be any more second or third-round lotteries for FY 2023. Check H1B 2023 Cap Reached – No more Lottery. For previous results info, Check that H1B Visa 2023 Lottery Results Out – Sample Notice

Background of H1B Visa, Fiscal Year 2023 Season

The H1B Visa category was created by Congress to employ high-skilled professionals in the US by companies with a presence in the US. An H1B visa can be applied on behalf of any applicant with relevant skills & at least a bachelor’s degree to work in the US. As the demand for H1B visas is very high, USCIS employs a random selection process, commonly called as H1B lottery, to select applicants that meet the annual quota cap.

USCIS Fiscal Year(FY) 2023: USCIS fiscal year is different from the calendar year as the start and end dates are not from January to December. USCIS Fiscal Year 2023 starts on October 1st, 2022, and ends on September 30th, 2023.

H1B Fiscal Year(FY) 2023 season: USCIS accepts H1B petitions for the next fiscal year 2023 about 6 months before the start of the fiscal year. Now, counting 6 months backward from October 2022, it would be April 1st, 2022. This is why you see the process for FY 2023 start in March and petitions are accepted from April 1st, 2022 for FY 2023 season. H1B FY 2023 season is for employers planning to hire H1B workers to work in the US starting from October 1st, 2022.

If this is your first time filing an H1B petition, you need to understand basic H1B terminology. We suggest you read H1B Visa Basics – FAQs like Requirements, Quota, LCA, etc.

Let’s start with the basics and look at how many H1B visas are available for FY 2023.

H1B Visa Quota FY 2023 – Masters vs Regular Cap

There are two categories under the H1B visa:  one is the regular quota, second is master’s quota. US Congress has set a limit of 85,000 on the number of H1B Visas that can be issued per year. That limit is called as ‘H1B quota cap’. As of today, below are the annual quota caps set for each of them and they apply to H1B fiscal year 2023 as well.

  • H1B Regular Quota: 65,000 visas
  • H1B Master’s Quota: 20,000 visas ( only US Masters eligible)

One important thing to note is that there are about 6,800 visas that are set aside for the citizens of Singapore and Chile as part of their Free Trade Agreement. These 6,800 are called as categorized as H1B1. So, technically the total count is less than 85,000 per year for the H1B quota. But, in general, only a few hundred are consumed by Singapore and Chile countries. To understand more, you can read What is H1B Cap? Regular vs Masters Quota, H1B1

There were some attempts in the past to increase the H1B Cap for regular quota to 110,00 and master’s quota to 25,000 under the Obama administration, but nothing was passed by US Congress. For more info and history, read H1B Visa Total Cap by Year from FY 1990 to 2023

H1B FY 2023 Lottery Predictions

The H1B visa is one of the most sought visas to work in the US. In recent years, there are more H1B applications received by USCIS than the required number of 85,000 per year. To address situations of high demand, USCIS introduced the concept of random selection, aka as H1B Visa Lottery. In this H1B lottery process, USCIS usually selects the required number of applications to meet the 85,000 quota.

Now, as we look at H1B cap reach dates from FY 2004 until 2022, we can see that there was H1B Lottery for the last consecutive 9 years.  In the most recent FY 2022 year, there were 308,613 registrations submitted for H1B lottery.

Looking at the trend, we do not expect the demand to reduce to avoid a lottery situation. We have done a detailed analysis on this and written an article on the same. Check out H1B 2023 Lottery Predictions, Analysis – How Many ?

H1B 2023 Registration Process for Lottery

In the past, employers had to send entire H1B package with fee, H1B LCA, supporting documents to be eligible for H1B lottery. It was a huge effort, time & money investment for employers and USCIS to handle this.

To save time and effort for everyone, starting from H1B 2021 season, USCIS implemented registration process. Fiscal year 2021 was the first season they successfully implemented and rolled out the H1B registration process. In the new process, employers do not send the H1B Package, they submit H1B registrations for their applicants using an online system.

H1B Registration fee is $10 USD per applicant, to be paid by employer. H1B Sponsors/ Employers need to register the applicant, they plan to file H1B for, by filling out basic information related to the applicant. Below are the details that they need to submit for each H1B applicant.  They do not need to submit any other documents or anything as such.

  • Legal Name of the H1B applicant – First, Middle and Family Name
  • Gender of the applicant
  • Option to select, if the applicant is eligible for US Masters H1B Quota
  • Date of Birth
  • Country of Birth
  • Country of Citizenship
  • Passport Number (  There is option to check, if there is no passport number too )

To understand more, you can read H1B Registration Tool – Screenshots, Flow

Below image outlines the steps in H1B registration process. To know more, read H1B Registration Process, Steps, Lottery Order

H1B Visa Registration Process Flow Final Rule
H1B Visa Registration Process Flow

Below images outlines how the H1B Lottery would work in the H1B electronic registration system.

H1B Visa Registration Process Lottery Order and Process Diagram Flow
H1B Visa Registration Process, Lottery Order – Process Diagram Flow

Now that you have an idea on the registration process and H1B lottery, let’s look at the change that DHS is planning for lottery process.

H1B Lottery based on Wage Levels – Not Applicable for FY 2023

The current process is random selection and there is no preference given to anyone. There was a proposal during Trump Administration period to change this and select H1B registrations based on the wage levels of H1B applicant. The goal is to hire individuals with better skills. DHS said that that better skilled H1B workers are paid higher wages and in higher wage levels. If you are new to the H1B Wage Levels, you should read What are H1B Wage Levels, How does it work

This rule was published in federal register and was about to be implemented. But, a court case was filed in October 2020 challenging this rule and eventually in September 2021, court cancelled the H1B Lottery based on Wage Levels Rule.

USCIS Officially withdrew the rule from Federal Register in December 2021. Check more at H1B Lottery Wage levels Rule History . As the rule was withdrawn, there is no preference given for Salary in the FY 2023 Lottery. It will be random selection process like in previous years for the FY 2023 season.

H1B 2023 Dates for Registration, Lottery, Results

In the past, when USCIS was accepting the physical H1B application package, H1B season used to start on April 1st. But, since the introduction of registration process, the dates have changed to handle the new online process and lottery.  USCIS announced the dates for FY 2023 on H1B Electronic Registration Process on January 28th, 2022.  Below are the dates

Update: H1B 2023 Lottery Results are out. As of March 25th, we do not have an official count or number given by USCIS yet. You can check all details with samples at H1B Visa 2023 Lottery Results Out – Sample Notice

  • H1B Employer Account Registration : They have said employers can register for accounts on USCIS website starting from Feb 21st, 2022. Noon EST.
  • H1B Registration Start Date : Employers/ Attorneys can submit registrations starting from March 1st, 2022, Noon EST
  • H1B Registration End Date : Last date to submit registrations is March 18th, 2022, Noon EST
  • H1B Registration Initial Selection Results : Lottery results will be given for selection by March 31st, 2021. Whoever are selected would be electronically notified and they can download H1B Registration Selection Notice, that they would need to use for filing the H1B petition.  There may be second round or even third lottery depending on the demand and non-submissions of applications
  • H1B Petition Filing Dates : For selected applicants in H1B registration lottery, they get 90 days to file H1B petitions. So, they can file from April 1st, 2022  until June 30, 2022. The selected applicant’s employers would submit the entire H1B Package to USCIS with required fee, LCA, and supporting documents during this period.

If you have submitted H1B Registration for H1B FY 2023 season, please add your case to H1B Visa 2023 Case Tracker for community benefit. It is anonymous and used to track macro trends and helps everyone.

H1B Visa FY 2023 Timelines – End to End

The timelines for H1B visa 2023 season starts with filing of H1B registration and ends when the applicant starts working for the H1B sponsoring employer. Below is are the various steps with sequence of the step indicated by number along with timelines and dates indicated under each step.

H1B Visa 2023 Timeline with Dates
H1B Visa 2023 Season Timelines for Approval – Stamping

H1B Visa Lottery Results – How will I know ?

After the H1B Registrations are submitted in the online H1B registration system, the submissions will be given a status called “Submitted” after submission. After the Lottery is conducted for the registrations, the status will change to “Selected”, if your H1B registration was picked in lottery. Employers will be notified electronically for any changes to the status of the registration. There will not be any physical forms sent for notification. If you are the applicant, you need to check with your employer to know the status of the H1B Lottery result.

Read How to check H1B Registration or Lottery Status Online for full details

Below are the various H1B Registration Statuses that are valid for FY 2023 season and what they mean for Lottery results & selection. See below screenshot on how it actually appears in the system as well.

  • Submitted : The H1B registration would have this status after submission of the registration. If this status exists, it means that the registration is eligible for selection in lottery.
  • Selected : The ‘selected’ status means that the applicant was selected in the H1B lottery. usually the employer would get electronic notification.
  • Not Selected : If the lottery results are complete and no longer possible for lottery selection anymore, then the registration would have this status. Usually USCIS does this at the end of the fiscal year around February 2023.
  • Denied : If multiple registrations were submitted for the same applicant during registration, then such applicants would see the status of “Denied” for their registrations.
  • Invalidated-Failed Payment : The registrations would have this status of “Invalidated-failed payment” when the payment was decline or not valid for some reason.
H1B Visa Registration Selection Results
H1B Visa Registration Selection Results in Online System

H1B Visa 2023 Filing Fee

During the first step of registration, there is only a $10 fee for the employer. Once the registration is selected, then the employer needs to submit the complete H1B filing fee based on their status. Also, H1B visa petition filing involves two things, one is the fee your employer pays to USCIS, second is the fee that they may need to pay an Immigration attorney, if they do not have in-house immigration team.

The overall H1B fee can vary anywhere from $1,720 USD to  $8,970 USD + the Immigration Attorney Fee. Below is a table of the summary of the H1B visa fee. For complete details on H1B fees, Read Summary of H1B Filing Fee – Who pays for What ? 

H1B Fee – Paid TowardsAmount in USDWho Pay for it ?
H1B Registration Fee$10Employer
 Base filing fee$460Employer
AICWA Fee$750  or $1,500Employer
Fraud prevent & detection fee$500Employer
Fee based on Public Law 114-113 ( if applicable)$4,000Employer
Premium processing fee (Optional)$2,500Employer or Applicant
Immigration Attorney FeeVaries from $500 to $3000Employer
H1B Filing Fee Details

USCIS based filing fees was supposed to go up by $95 to be $555 from October 2020, but it was blocked by Court.  As of now, there is no new update on the same and USCIS continues to accept previous fee schedule.

How to find H1B Visa 2023 Sponsors ? 

Not every company sponsors H1B visa to work in US. If the current company that you work at does not sponsor H1B, it can be difficult to find a good sponsor. Due to the cost involved, delays and process overhead, many small companies stay away from filing H1B petitions.  Depending on your situation, you may use the guidance below to find H1B sponsors.   

  • Find Jobs at Companies that sponsored H1Bs : The best option is to find jobs at Companies that sponsored H1B visas in the past. In this way, you know that, if you get a job, the company would take the effort to file your H1B.  You can use H1B Database website like H1BGrader.com to find such companies or even find H1B Sponsors by Company Name, Job Title or City. They have H1B approvals analytics and grade to help you decide. You can browse Top 200 H1B Sponsoring Companies for FY 2022 list and consider to apply at those companies too.
  • F1 Student in US, OPT holders: The best option for F1 students in school is to find an internship or co-op at an employer who can sponsor H1B visa and ask them to sponsor your H1B. You can continue to work on OPT once you graduate as well. If you are on OPT, make sure you work at an employer, who can sponsor H1B. If not, switch your employer to a H1B sponsor.  You can use the above approach to find such companies.  
  • International Professionals  : If you are outside of US, your best bet is to find an multi-national company ( MNC) and work through them to sponsor H1B visa. Many try the IT body shop route, but it is subject to lot of fraud and you need to be careful. Many rules related to H1B are enforced more with Trump Administration now and you need to be careful. Read comments on this H1B Companies Reviews article  to get an idea and  beware of such consulting companies to avoid fraud.

Important Note : RedBu2US as an Organization does NOT provide any H1B sponsorship services or charge anyone using professional services fee. If anyone approaches you by saying RedBus2US name, it is pure FRAUD…beware !

You may also read COMPLETE Guide on How to Find H1B Visa Sponsors

You can join H1B 2023 Community Groups : Telegram Group , Facebook Group

H1B FY 2023 Processing Times – Regular vs Premium

During H1B registration step, there is only one type of processing and there is no choice for employers. But, after the registration process is done, there are two modes of filing with varying processing times. If you are selected in H1B lottery, you can file your H1B petition in regular processing or premium processing.

  • Premium Processing : If filed in premium, you will get your decision in 15 calendar days and it costs you additional $2,500 USD.
  • Regular Processing : If you file in Regular processing, there is no estimated SLA set for it. It can take anywhere from few weeks to few months. But, if you file in Premium processing, you get the result in 15 days.

To understand differences, read H1B Regular vs Premium Processing Timelines.

To handle the load, USCIS in the past used to suspend premium processing for H1B cap subject petitions during the first few months like April, May. But, they did not do that for FY 2022 as the window to file petitions is now 90 days and they do not expect a big load. Historically, they suspended premium processing for FY 2021 season and opened up premium processing starting from June 22nd, 2020. We are yet to hear the official update on this for FY 2023 season.

H1B Visa 2023 Tracker

H1B Visa filing process with registrations and petitions can be lengthy and many unknowns with timelines. To help the community, we have partnered with VisaGrader to build an Anonymous H1B Visa Tracker for FY 2023. You can add your case information anonymously and see the overall patterns, processing times, etc. with crowdsourced data. Add anonymously using below button

Latest News Updates

Below is the list of latest news by date related to FY 2023 season. We will update here as we have new updates.

  • August 23rd, 2022 (Official) : USCIS updated that there will not be second or third round H1B lottery for FY 2023. Check H1B 2023 Cap Reached – No more Lottery.
  • March 29th, 2022 (Official) : On March 29th, 2022, USCIS announced that they have completed the first round of the H1B Lottery for FY 2023. Read USCIS update – H1B 2023 Lottery First Round done, Summary
  • March 25th, 2022 (Unofficial) : USCIS slowly started to send out H1B 2023 Lottery Results. As of March 25th, we do not have an official count or number given by USCIS yet. You can check all details with samples at H1B Visa 2023 Lottery Results Out – Sample Notice
  • March 18th, 2022 (Official) : H1B Registration period ended on March 18th, 2022 at Noon EST. Below is the screenshot from USCIS H1B Registration system indicating the same.
H1B Registration Closed for FY 2023
H1B Registration Closed for FY 2023
  • February 22nd, 2022 (Official) : USCIS opened up account type of H1B Registratnt for new employers or authorized personell to create accounts, so that they can submit H1B registrations.
  • January 28th, 2022 (Official) : USCIS announced the dates for FY 2023 Season and how it will work. For more, check article H1B 2023 Registration Dates, Timelines

What are your views for the upcoming H1B 2023 season? Share your thoughts in comments below.

Common FAQs

Was there a lottery for H1B FY 2023 Season?

Yes, there was H1B lottery for FY 2023 Season and USCIS selected 127K registrations.

Can H1B applicant verify or check H1B Registration Status online ?

H1B Applicant cannot check the H1B registration status online. There is no USCIS H1B case number assigned for registrations during the registration phased. Only your H1B sponsor or employer, who submitted the registration can check the H1B registration status online.

Do I need H1B LCA for filing H1B Registration & Lottery ?

No, you do not need H1B LCA for registration process. You only need basic information about the applicant and passport details to file the registration. However, you will need LCA and other information when you file the entire petition after you are selected in lottery.

When should I file H1B Petition with USCIS after Selection in H1B FY 2023 Lottery ?

Usually, the H1B Registration Selection Notice from FY 2023 season would have the dates of filing. Based on previous year’s info, H1B petitions for the selected applicants can be filed anytime between April 1st, 2022 and June 30th, 2022. If you do not file file H1B petition during this window, your chance is lost as an applicant.

Can I transfer H1B 2023 Registration to other employer and file Petition with new employer ?

No, you cannot transfer H1B registration to any other employer after Lottery Selection. You can only file H1B petition with the employer who have submitted H1B registration. The FY 2023 Selection notice clearly tells that you cannot transfer your selected H1B registration.


Other Articles


  1. my employer asking updated resume when i asked for 2nd round lottery results..what does it mean?
    I didn’t get proper reply like ‘selected’ or ‘not selected’.

  2. HI Kumar,

    my H1 got selected for FY2022, i have mailed all the docs and my employer filled it as premium processing for Vermont Service Center. but the problem is regular check has been cleared but the premium check is not yet cleared. is there any timeline by when my premium check would be cleared.

  3. Hi,
    My case h4 to h1b.
    Submitted date 24 June
    Receipt Date 10 July
    Center Vermont
    Is any on same boat? Any one got approved?

  4. We closely monitored the lottery results and my status was submitted from April to June. Today my employer informed me that I got selected status.
    I guess the second lottery has taken place already?

  5. Hi Kumar,

    I have received my approval notice and within that I have noticed that the Consulate name “Toronto” is specifically mentioned. Does it mean, I need to go for visa stamping to Toronto Consulate only or I can pick any consulate within Canada?

    Exact printed information as below:
    Notice Type: Approval Notice
    Class: H1B
    Valid From: 10/01/2021 to 2024
    Consulate: Toronto

    FYI: I’m based out of Canada

    • Hi sandeep,

      When did you file your petition? I mean exact date and under which category have you filed? Regular or premium? Just wanna know to see how long the processing is taking this year. Thanks!

        • Thanks Sandeep for your response. You said, receipt date is 13-Jun. May I know the exact date you submitted petition to USCIS? also, Have you done masters in US?


  6. Did any one receive approval for normal processing H1B – 21-22 at Nebraska after filling date – 8th June! Please let me know, thank you.

  7. Looks like USCIS has discreetly mentioned the number of registration for FY2022 H1B here – https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

    It was 308,613 applications!

  8. The H-1B cap electronic registration process was again well-received by users, who provided a high satisfaction score with the system for FY 2022 (4.87 out of 5). We received 308,613 H-1B registrations during the initial registration period and selected 87,500 registrations projected as needed to reach the FY 2022 numerical allocations. The registrations were submitted by more than 37,000 prospective petitioners and roughly 48% of all registrations requested consideration under the advanced degree exemption.

  9. Hi Kumar ,
    My H1 picked in 2019 lottery unable to go to stamping till now .. and it is all about to expire in September .. now you told it is difficult to transfer without stamping .. what can I do for my case ? can I still transfer if expires without stamping or travelling ?

  10. Hi Kumar ,
    Difference between Revocation Notice was Sent vs Withdrawal Acknowledgement Notice was sent in case status page ?

    • H1B Transfer,
      One is if H1B is revoked for some reason by USCIS, other is plain withdrawal as yo dont work for the company anymore and the company asked to withdraw.

  11. Hello, my employer checked my registration status on March 31. It is still showing ‘Submitted’. Is there any chance now it might get updated later or the lottery is completed on March 30 and it will be the final status?

  12. Hi ,

    How long we can wait for the Lottery results status to be changed , USCIS has already announced it’s finished .
    Can some one through some light on how the lottery results status changes ..


    • Nareandra,
      You cannot track the H1B Registration online. The only thing is you need to trust the details and passport info of you in the notice. You can only track after the H1B petition is filed with USCIS.

  13. Hello All, I got an update 2 hours ago from my employer that mine got picked that means the lottery has been done.


  14. The H1B FY 2022 results are out! My boss just called me this morning to congratulate me on getting selected. Other candidates should start hearing soon as well I presume.

  15. Hello All,

    Does anyone has information about how many registrations happened for fy2022 and if anyone started getting lottery results? Just curious to know ratio of lottery selection.

  16. Hi Kumar
    I would like to get your opinion on something I noticed. This year will be my 4th year in the H1B lottery.

    Since the first year I have been keeping an eye on your tracker (https://redbus2us.com/trackers/h1b-visa-tracker/), every year from the beginning of March, people start registering on the tracker that H1b has been registered. Normally by end March there would be hundreds of people registered on the tracker.

    This year so far, very few people has registered on the tracker.

    What would you say is the reason for this? Do you think its could be due too much less H1B applications or something else?

    Thank You
    Kind Regards

  17. Hi Kumar,

    I have a question, I have completed my Masters in 2015 and worked on OPT for 3 years in USA and went back to India in 2020 and came back to USA in 2021 on H4 visa, Now my previous employer has a project and he is applying for H1B for me this year. My question is whether he can still apply my petition in Master Cap or do I came under Regular cap? right now I am on H4 Visa. Can you please confirm on this?


    • Ram,
      If you have Masters from an accredited university that is non-profit, you should be able to apply under Master Cap. It is your education and does not matter on your current status.

  18. Hi Kumar
    Thanks for sharing H1B related updates via your blog and the YouTube channel. They are very helpful. I had a question relating to international travel if H1- is picked in the lottery. MY OPT based EAD expires in June this year- if my registration is picked (filed using adjustment of status ) can I still travel in April and ask my company to file the petition upon my return in April end? Are there any repercussions to losing 30 days in April to file the petition – I was wondering if I will still have enough time to receive the USCIS receipt to able to apply for cap – gap

    • Goyal,
      Yes, they can file at end of April. No, there is not much issue there.
      This is kind of tricky, it can be difficult to get receipt on time so kind of tricky…Discuss with your employer and plan. Also, talk to your DSO as well.

  19. Hi Kumar ,
    I was not sure whether my employer has revoked my H1 petition or not ? I mailed FOIA Public officer for confirmation . they didn’t reply me anything . will that cause any immigration problem when I do H1 transfer ?

    • H1 Transfer,
      Employer cannot revoke, they can only withdraw. If it was just normal transfer and you quit the company with resignation, should be fine. Revocation comes into picture, when there is fraud involved or mistake in cap classification due to variety of reasons.

    • Rakesh,
      yes, employer pays for the fees. Updated above article to reflect the same. It is not just about paying $10, it is more about having the role for you at the company to work on H1B.

  20. Hi Team,
    Thanks for the information about H1B visa.
    As per new rules, do we need to get LCA from end client and not from sponsor to apply H1B visa?

  21. Is there any update on FY2022 registration/lottery timeliness, last year by this month my firm has collected all the documents for registration for FY2021, but there is no news from them till now. for FY2022

  22. Any updates on H1B approved petitions . When we can start for the Visa Interviews . If there is some news from Joe Biden administration if they are going to reverse the executive order by Trump ( which impose further ban till 31st March 2021 )

  23. I have a Master’s degree from US and qualified and received H-1B visa in the past. However due to personal reasons, I could not utilize it for the entire duration and left US. Addtionally, it’s been more than six years since being on H-1B. I could have an employer apply under the lottery again. Question is whether my petition will qualify under Master’s quota again or is it only a one time benefit that I have already used up?

  24. Hi,

    My current non STEM OPT expires in 02-09-2021, and my employer is planning to register in the H1B lottery and if I’m selected then file H1B application. do I qualify for a Cap Gap extension ?

  25. My STEM OPT ends on the 21st of July. Would I need to have my H1B decision result before the end or can I have applied for it after selection in lottery and it would be fine to get my H1B after 21st of July?

    • Eric,
      If you get selected in H1B lottery, you get cap gap extension. So, you can stay and work from Jul 21st until Sep 30. But, the big catch is you getting picked in lottey and getting receipt notice.

  26. Finally, the announcement is almost done. What if they got more applications even with this wage system ? They gonna pick the top salaried guys ?

  27. I am on H4, planning to apply H1b for 2022 filing season. Can I travel out of country during application process I.e registration?

  28. Hi, Im currently on L1B maxout by September 10,2021. Can I apply for H1B ? What are the chances of getting approved through change of status and worst case scenario.

  29. Hi,
    Do you know if H1b extensions will be somehow affected?
    I got my H1b in Oct 2018 and is expiring in July 2021 – i’m level 2 wage and literally on the edge (referring to the original DOL wage, not affected by Trump’s increase which then got reverted)

    Will I need a new LCA?


    • Fse,
      They should not, unless something wrong with your applicaiton or big changes. Usually, you would need new LCA for extension.

  30. Hi Kumar,

    I have a question about OPT cap-gap.

    my current stem opt expires on 5/20/2021, I am planning to do H4 now with a future effective date as of 5/21/2021. Technically, I will have one more chance of going through H1B lottery in 2021 April. If I am lucky to get it and submit my H1B application materials on May 1st 2021 while my H4 is still pending. Do I still have OPT cap-cap to 9/30/2021 if I withdraw the pending H4?

    Thanks for your help. Merry Christmas.

    • Rakesh,
      You need to hold on to F1 status, if you want to use the OPT Cap gap. If you apply for H4 COS from May 21st, you may or may not be able to. Discuss with your DSO on this.
      It is not easy or quick to get the H4 withdraw done, so is very tricky situation.

  31. Hi. Was the wage based selection an interim final rule or are they doing regular notice and comment? If so, is it feasible for the wage based selection to happen in March 2021?
    Also do you think the applicant numbers will be smaller because of Covid?

    Thank you!

    • kris,
      No, it is not final yet. They have got the comments and we do not know the next steps yet. We will only know after they publish it. Well, it can…but, if they do not address all concerns raised in comments, there can be lawsuits. The demand is not less for H1B workers, so there may not be a drastic drop.

      • Thank you! Do you know what happens if there is a lawsuit pending but no judgement against it and h1b season takes place? (March-April)?

        • Kris,
          Well, usually, they would request an injunction order so that the rule does not go into effect. If the court believes that plaintiffs ( people who take DHS to court) has positive factors, they would get the injunction and it does not go into effect. If let’s say they run lottery and court strikes it down later, DHS will have to honour court decision and re-run lottery…

  32. Do you think it might be possible to decide the H1B selection in the coming April 2021 based on the salary levels? or too short time for USCIS to use it?

    I heard they said if so, it is guaranteed that levels 3 and 4 will be selected.

    • Rakesh,
      It is hard to say. USCIS has got all the responses from public, they may push for it…unless, they address the concerns given in comments, it will face lot of issues and can be taken to court…

      • According to USCIS, wage based selection was proposed in Nov 2020 for public comments, jan 8 they published rule as final by addressing all the comments. The effective date will be from march 9 2021. Please read this official document completely ( i know its lengthy but give all the answers) – https://www.federalregister.gov/documents/2021/01/08/2021-00183/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions

        They even mentioned the updates in the registration tool, impact etc.

        Last but not least check this specific statement in the document.

        “Finally, as explained above, “Congress left to the discretion of USCIS how to handle simultaneous submissions.” [3] Accordingly, “USCIS has discretion to decide how best to order those petitions” in furtherance of Congress’ legislative purpose.[4]”

        • Shyam,
          USCIS said that they would use random selection now and not use wage levels. As the rule was not effective, Biden administration had choice to delay this.


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