Window to accept H1B Visa petitions for FY2010 started from yesterday. In previous article USCIS might conduct Mini lottery to select H1B Visa 2010, many were not clear on what is Mini Lottery. So, here’s my 2 cents on the topic.
Mini Lottery to Select H1B
Term Mini lottery is something I came across reading immigration forums.
Term ‘Mini lottery’ is not officially used by USCIS. Mini lottery will be conducted by USCIS if H1B Quota is reached after April 7, 2009.
USCIS stated that if more H-1B petitions ( than available 85,000) were received within first 5 business days ( till April 7, 2009), there will be usual random lottery selection for entire 65,000 and same applies to 20,000 (Advanced Degree Cap). Until we hear from USCIS, there is no way to predict the number of applications submitted this year.
If H1B Quota Reached by April 7, 2009
- If more than 65,000 H1B Visa petitions were received till April 7, 2009 – There will be random lottery to pick entire 65,000 visas
- If more than 20,000 Advanced Degree petitions were received, then there will be lottery to select entire 20,000 petitions.
If H1B Quota not reached by April 7, 2009
For this example lets assume, that not enough H1B Visa petitions were received for FY2010 by April 7, 2009.
- USCIS will continue to receive petitions till cap is filled.
- For example, if USCIS on April 10, 2009 receives enough number of applications to reach 65,000 and 20,000 cap, then mini lottery will be held. So, lottery will be conducted on H1B petitions received just on April 10, 2009.
How Does Mini Lottery Help?
H1B Visa applications submitted before April 7, 2009 will be be considered for H1B Approval and receipt number will be issued and lottery will be held only for small number of applications received on last day when cap was met. So, far there is no updates from USCIS.
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{ 13 comments… read them below or add one }
Hi,
This is Md. Humayun Kabir, from Bangladesh, I am agreed to get H1B Visa. Please advice me How to apply?
Thanks
Hi
My wife wants to apply for H1…she is on H4 now… can we still go ahead..and can you please recommend any employers who can file her case…
Hi, Working in india and iam planning to apply for H4 Dependent Visa, my wife is working in US on H1,
And my question is there are some issues with the h4 docs she cant send them till April 2nd week,
if i apply for H1b from india and later on in April if i got H4 and i fly to US, then if my applicatin got picked, do ineed to come to india for H1b interview?or else my status will be automatically chaned ffrom H4 to h1?
Please advice me very urgent
I think you can adjust the status being in the US itself. But, if you need to travel India in next year or so, you need to get your Passport stamped with your H1B Visa to enter US again.
Good luck.
i am on a dependant visa currently and likely to get a job, but can i apply for the year 2009 even though the April 1st deadline has passed?
Yes, as long as H1B Quota is available you can apply.
hi,
I am graduating in may-2009(masters) and working on precompletion opt. my company filed my H-1 in regular quota(as i was not graduated by april 1st). i submitted my first I-20, OPT I-20, ead card, license, 10th, 12th marksheet, bachelor degree transcript. now, filing in regular quota and being in US will it help me getting my application approved?
I didnt receive receipt no. from my employer, this year there is no lottery, how come delay in receiving my receipt no.?
please reply asap, i am so eager.
thanks,
riz
i am going to USA for Sure.
Hari Bol
Where does it mention about 5 bussiness day or april 7th.USCIS did mention that last fiscal year.
I am a little confused. What happens if I am not selected by the mini lottery? I can not get h1b visa and have to come back to my home country?
To Jun: Yes, you will NOT get an H1b visa if you do not get picked in the lottery. As for going home to your country, discuss first with you lawyer your other options.
Should we expect a press release from USCIS to update us as to numbers? Man, I agree with GM – please please can the quota not be filled by april 7 – i fear that is wishful thinking though±
This is good freakin’ news. I hope they dont get enough apps until April 7. Good luck to all those who have sent in the application and have a REAL JOB !!!!