USCIS has completed data entry and mailing of receipt notices. Rejection notices will follow.
Source : AILA
Archives For H1B Visa
H1B Visa – Temporary Work Visa to USA for High Skilled Workers. Read the articles under this section to learn about USCIS, H1B Visa Rules, Cap Count, Lottery Selection and other FAQ questions, answers about with H1B Visa. Go here to learn about H1B 2014 Lottery Results.
Immigration Reform and H1B Visa is a hot topic. I recently read an article here Indian IT services company are hoping that proposed changes will not be implements.
Following infographic shows the amount of money spent by Indian IT Services companies to lobby U.S. lawmakers to not implement strict H1B provisions.
CTS was recently asked by press about the impact of company earnings if higher H1B Visa fees were implemented. FYI – CTS is the largest user of H1B Visa in recent years. Proposed immigration reform bill contains higher fees and strict hiring rules. Continue Reading…
Here are couple of updates about H1B Visa 2014 Regular Processing Receipt Number.
USCIS has started the data entry process for H-1B petitions selected in the lottery. Data entry for non-premium processing cases will begin after the premium processing cases are entered, and rejection notices will follow after that.
Source – AILA Doc. No. 13041600.
Data entry of non-premium processing petitions will not be complete until at least May and perhaps June. Rejection notices for petitions not selected in the lottery will be sent out after the data entry for winning petitions has been completed. AILA points out that when the cap was reached on the first day in 2008, USCIS did not complete data entry and issue receipt notices until late in May 2008. Source
You can see from the comments posted at H1B Visa 2014 Lottery Results about folks getting receipt notice even for Regular Processing.
April 18 -
Comment 1: lawyer received tracking number for my application today by mail. Masters – Regular processing. California service center
Comment 2:
My employer got the mail of h1b receipt notice today. I’m master quota, regular processing, in California Service Center.
On the receipt notice, the received date is April 8th, and the notice date is April 12th.
Good luck with those who haven’t receive the receipt notice.
If you haven’t received receipt notice, then don’t panic. Stay put. It can take upto June, 2013 5o get receipt notices.
Question answered by Immigration Attorney.
My employer delayed it to file H1-B, and now the cap is reached so I lost that option, and my F1-visa is expiring in June 2013.
At this point I have an option of going back to school but a Masters again would be too expensive.
My question is that if I get into an associate degree just to maintain the status and then file the H1-B next year will I be considered under the Masters quota as I already have a masters degree from US. Your response is appreciated, Thanks
Dear Reader,
I am sorry to hear you missed the opportunity to file.
In all fairness to the employer, it was not clear until the USCIS announcement that visas would run out so quickly.
Also, even if you did file, there would have been a chance that your petition may not have been randomly selected ( FAQ : H1B Visa 2014 lottery results )
It would be best to consult your attorney about your options. For anyone in this situation, the following options would be worth considering after H1B Cap is reached:
- Go back to your home country. This is not the ideal answer of course. However, some people may not have other options.
- Go back to school and maintain F1 status. If you have obtained your Master’s degree, then you should still fall within the Master’s category for an H1b petition next year.
- It might be worth considering an H3 or J visa if the employer is still willing to sponsor for employment.
Good luck!
Tahmina Watson is an immigration attorney and founder of Watson Immigration Law in Seattle , Washington.
Disclaimer: Please note that no client/attorney relationship has arisen and that the above content is not legal advice.
//
Next – H1B Cap Reached : Should I Marry an American Citizen to Stay in USA?
Now we know H1B Visa 2014 Cap Count and USCIS H1B Visa 2014 Lottery results.
Here are some of FAQ’s on H1B Visa 2014 Lottery Results
How do I know if my H1B application is selected in H1B Visa Lottery?
USCIS will issue receipt number for H1B Visa applications selected in the lottery. Receipt notice will me mailed to your attorney.
Typically, attorney will receive an email that looks like this
Will USCIS refund the filing fees for H1B Applications not selected in the lottery?
As mentioned in the USCIS official press release, filing fees will be returned if the application is not selected in the lottery, unless USCIS finds duplicate filings.
USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
How to track the status of H1B petition processing?
Go to USCIS Case status online, enter your receipt number to check the status of H1B petition.
H1B Application Processing time
- Regular Processing – 2+ months
- Premium Processing – 15 days. Begins from April 15, 2013
For Regular H1B Cap, it can take even 3 months or longer considering the volume of H1B Visa applications USCIS have to process.
Expect to hear from USCIS before end of April, 2013 for Premium Processing.
What if my H1B application is not selected?
If you are already in USA then try other legal ways to stay in status.
If you are outside USA, then try other visa types.
What are the chances of getting H1B for FY 2015?
It is not possible to predict what will happen next year. Comprehensive immigration reform bill can be to be introduced any this this week, there can be changes to H1B Visa rules next year.
H1B Visa 2014 Cap Count is 124,000.
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 and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.
As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013. For more information on premium processing for FY 2014 cap-subject petitions, please see the related USCIS Alert.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:
- extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
Next – FAQ’s H1B Visa 2014 Lottery
USCIS published the cap count today.
For the first time since 2008, USCIS has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period.
USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.
Does USCIS use a different algorithm to conduct a lottery for different majors?
Ex – if one person has a PhD in Economics and the other person has a masters in computer science, will they both have the same probability?
As per my knowledge number of students applying for an H1B with economics/finance (masters or phd) background will be way less than students with an engineering or tech background?
- Kiran
H1B Visa Lottery Process Overview
Kiran – USCIS doesn’t care about H1B applicants Degree. H1B Visa lottery treats all the H1B Applicants the same way.
Applying via Advanced Degree will increase your chance of getting selected.
USCIS doesn’t use special algorithm to select H1B Visa applications based on majors.
They will pool all the receipt numbers of H1B Visa applicants into Advanced Degree for Lottery 1.
Applications not selected will be added to Regular Cap pool for lottery 2.
H1B Visa application selection is computer based random selection.
It will be sad to see someone with PhD in Economics from US University not getting H1B over an application from IT outsourcing company, which may not even use the H1B after approval.
Hope this answers your question.
Follow the latest developments in H1B Visa : Comprehensive Immigration Reform 2013
News bill is expected to give Green Card to Advanced Degree graduates from U.S. Universities and increase H1B Visa Cap.
My friend is going to graduate with MS in the 1st week of may 2013 (next month). Due to some reasons their department HOD is not going to sign the OPT form. So in order to stay in USA I just gave few options to my friend like
- Apply for H-1B (consulting Firms) this year in Master’s Quota , but have to be done by this week or probably next week as this time the quota gets fulled very fast.
- Apply for either MS/MBA in another school — which is quite expensive again
- Marry an NRI ( maybe not)
OPT
I’m not sure what’s the deal with not able to apply for OPT. Either your friend haven’t completed the required Thesis work.
If that’s the case, he shouldn’t be able to graduate right?
Can you provide additional info on why he can graduate, but can’t apply for OPT?
Ways to stay in Legal Status in USA
Read this 3 Options After Masters in USA – Job, Studies or Pack Your Bags
As you can see I have listed
- Job
- Studies
- Return to your home country
Option 1 is ruled out – H1B Visa 2014 Cap Reached
Option 2 is possible, but he needs to consult with an attorney to find ways to stay in status after graduation.
Option 3 is always there.
Marry American Citizen?
You have listed option 4 – Marry an American Citizen or Green Card Holder.
I know 2 people personally who married American Citizens and another friend who will be getting married soon.
All 3 of them are students who came from India in F1 Visa.
I will let you/your friend decide, if you want to marry someone just to stay in status.
Personally, I wouldn’t do that and don’t recommend marring just to stay in status without love. If I really fall in love with someone, then it is a possibility.
I know about Indian culture and parents expectations. But, people change and anything can happen.
This is something your friend have to decide.
Don’t get into trouble by marrying someone to stay in status or just to get Green card.
Close friend of my wife ( Born in India and became an American Citizen) married a guy in F1 visa. Within few months, she decided to walk away from their marriage. Why?
That guy’s only goal was to get her to apply green card for him.
But, marrying an American Citizen is a possibility. I leave the decision to your friend.
Now, you have 4 options on what to do after MS in USA .
Here is a quick overview about H1B Visa Lottery selection process
H1B Visa 2014 Cap Reached April 5, 2013.
Quick Summary
- H1B Regular Cap Reached
- H1B Advanced Degree Cap reached
- Two H1B Lottery will be conducted
- Advanced Degree cap lottery
- Regular H1B Cap lottery
- Unselected H1 applications from Advanced degree cap will be included in regular H1B cap pool
- Exact number of H1B Visa applications still unknown ( predictions?)
Next – 3 Options after MS in USA
Breaking News : H1B Visa 2014 Status News Update from USCIS.
USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014.
Which means H1B Visa Lottery is Confirmed.
USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013.
The agency will conduct the selection process for advanced degree exemption petitions first.
All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit.
Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process.
Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
USCIS will provide more detailed information about the H-1B cap next week.
H1B Visa 2014 Status
As expected H1B 2014 Cap is reached even before end of April 5, 2013.
There were unofficial news about 50,000 H1B Visa 2014 applications received on Day 1.
If you have applied under advanced degree cap, your have higher chance of getting selected in H1B 2014 lottery.
Get additional details - 3 ways to increase your chance your chance at H1B visa 2013 – 2014 Lottery
Next logical questions after this would be
- 3 Options after MS in USA
- Should I Marry an American Citizen to Stay in USA?
- Alternatives for H1B Visa?
Here is the first H1B Visa 2014 Cap Count Update – 50,000 H1B Visa Applications on Day 1 ( April 1, 2013)
This is still unofficial news coming from FCi Federal, company supplying workers to USCIS service centers. This news is first reported by Computer World.
With 50,000 H1B visa Applications in Day 1, H1B Visa lottery is certain.
Stay tuned for more updates.
This news shows that USCIS press release did create a sense of urgency, mini-panic among employers to file the H1B application is first 5 days of April.
Now, we know H1B Visa 2014 Lottery is real possibility.
Check out 3 ways to beat the H1B visa 2014 lottery.
H1B Visa 2014 Total Cap Count
H1B Visa can be applied under 3 different Cap – General, Advanced and Cap-Exempt.
- 65,000 – General H1B Cap (or Regular Cap)
- 1,400 H1B1 visa numbers are available for Chileans
- 5,400 are set aside for Singapore nationals.
- 20,000 – Advanced Degree Cap (Masters and above degree from USA)
- No Quota – Cap-Exempt Companies (Non-Profit Research Companies)
With 50,000 applications already received on Day 1, we can expect over 65,000 + 20,000 in first 5 days.
USCIS is expected to publish the official H1B Cap count numbers after first 5 days.
Share this breaking news with your friends in Facebook Page and Twitter.
