Happy Schools Blog » US Visa » H1B Visa » Automatic H1B Processing in Regular Cap, if Masters Cap is Full?

Automatic H1B Processing in Regular Cap, if Masters Cap is Full?

Raghuram Sukumar —  June 12, 2012 — 1 Comment

Interesting scenario with Kishan.
Questions And Answers
Looks like his H1B application was submitted under H1B in Masters cap, what if cap is full?

Would USCIS process the application under Regular cap?

Hi, My employer filed my h1 in master cap and sent application on june 6th..USCIS said master cap closed on june 7th but i think my application reached on june 8th …

I have following question plz help me ASAP….

1. if master quota filled so i automatically transferred to the general quota which closed on june 11th?
or
2. they are telling that they still accept application for exempt application so i m that?
or
3. they wont consider my application?

H1B Masters to Regular Cap Transfer

Answer to your question can be found at USCIS H1B page

How USCIS Determined if an H-1B Petition is Subject to the FY 2013 Cap

We used the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 17 through 19, with a revision date of November 23, 2010, or later) to determine whether a petition was subject to the 65,000 H-1B numerical limitation (the “cap”).  Some petitions were exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher were counted against the regular cap once USCIS received sufficient petitions to reach the advanced degree exemption.

According to the above answer provided by USCIS, your H1B Visa 2013 petition should be counted under Regular cap, even though Masters cap was full by June 7, 2012.

Man, you definitely had lots of luck in your hand.

Raghuram Sukumar

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Raghu is the founder/developer of Happy Schools Blog. You can learn more about him here and connect with him at Google +.

One response to Automatic H1B Processing in Regular Cap, if Masters Cap is Full?

  1. I have a feeling that the H1b cap next year will get filled on first day and there will be lottery to select winners …

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