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Following comment was posted by Bharat at H1B Visa 2013 – FAQ’s since H1B Cap 203 reached last week.

I completed my MBA from top college Aug 2011, so now I’m on job hunting on OPT, last month I got a full time job in top fortune company.

They are in the process of applying my H1B they just filed LCA last week it approved on June 11th, now today i got a news H1 quota is completed.

My OPT is expiring on sept1st 2012 I can’t get to  extend my OPT because  I’m a MBA guy.

Really I don’t know what I have do now I’m clueless ;-(

Any one pls guide me what are the possibilities to continue my job.

I can go back to India and start a job but i have huge loan to pay, so no idea ;-(

H1B Cap 2013 Reached

Image Credit – Alan Cleaver

USCIS announced last week that H1B Visa Quota for FY 2013 is Full.

Impact of H1B Cap running out can be already felt by employers and recent graduates like Bharat.

Its going to take forever for pay off $40,000 loan by earning Rs 50,000 per month ($1000).

OPT Extension

For folks who don’t understand about OPT Extension part in the above question, here is a quick overview.

• Optional Practical Training (OPT) is work authorization given to students which is of 12 months long.
• Student in F1 visa, after completing their degree can apply and get OPT.

Companies can hire graduates  with OPT Card and then sponsor H1B Visa before 12 months OPT expires or within STEM OPT extension period.

Refer to Optional Practical Training guide to learn more.

• MBA graduates get 12 months OPT
• STEM (Science, Technology, Engineering and Maths) graduates get 12 months + 17 months extension (conditional apply)

For Bharat, OPT expires on September 1, 2012.  He would have 60 days grace period from the OPT expiry date to leave the country.

MBA degree graduates don’ qualify for 17 months OPT extension.

STEM Extension based on Under-Grad Degree

Department of  Homeland Security had proposed the following rule back in January, 2012

Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

But, above rule is not yet implemented. If in case the above rule goes into effect before OPT expires and you have under graduate degree in STEM field, you can apply for 17 months extension.

CPT in First Semester

Students in similar situations will be looking for other ways to stay within USA.

Going  back to school will get you back in F1 visa and give legal student status. But, problem arises, when they want admission from university which will give CPT in first semester.

There are few comments already posted that are looking for CPT in first semester.

Can you please let me know the univs that offer CPT from day1 itself.. as I completed MS (USA).. So I think we are eligible to take CPT from day1 as we satisfy the rule of staying in US for 9 months or taking 15 credits..

i am also looking to join XYZ university . and take CPT in first semester is it possible?

can you please address these questions i have it would be really a great help

1) what is the cost of tuition per quarter ?
2) how many courses should i take per quarter? cpt is other paid course will it be included as elective?

Before you decide to find a school that will give CPT in first semester, don’t forget about Tri-Valley University Arrests and Raid.

In the end you have to figure out other ways to stay in legal status after OPT Expires -  8 Options If You Can’t Find A Job After M.S. in USA.

So, he would have to find other ways to stay in legal status after OPT Expires.

8 Options If You Can’t Find A Job After M.S. in USA

Question from Nikhil

I am Masters student, my petition reached morning of June 12th, (according to UPS tracking).

I am wondering if USCIS considers the post mark date which is June 11th on my application (i mean, UPS picked up the application on June 11th)

Do you think USCIS will consider post mark date as application, like IRS does when we send our tax forms.

Post Mark Date for H1B?

USCIS published the following update to clarify some of your questions about Post Mark date and receipt date for Regular and Masters Cap.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on June 12, 2012 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013.

As of June 7, 2012, USCIS already received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2013 H-1B cap.  As such, USCIS will continue to accept and process these petitions 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.

H1B Visa 2013 Cap Count Tracker + Graph

Interesting scenario with Kishan.

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.

H1B Visa Cap status 2013 as of June 11, 2012 is Full.

• H1B Visa 2013 – FAQ’s

USCIS announced earlier today (June 11, 2012)

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013.  On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

H1B Visa Cap Status 2013

As you can see H1B Cap for General Quota and Advanced Degree Masters cap have been exhausted.

• H1B Visa 2013 Cap Count Tracker

USCIS would continue to process certain types of H1B Visa applications

• Cap Exempt H1B petitions
• DOD cooperative research worker H-1B petitions
• Chile/Singapore H-1B1 petitions

Next Steps After H1B Status is Full

Tech companies have been lobbying US congress to increase the H1B Visa Cap count for so many years.

It’s tough to predict what will happen next with respect to H1B Cap count.

Tech companies  have been lobbying US lawmakers to reform H1B and increase quota numbers.

If your status in USA depends on this H1b Cap count and if you missed the cap, you are going to find other ways to stay in legal status.

Are you affected by H1B Cap Status 2013?

Click Here to share your story with us

H1B Visa 2013 Cap Status – Video

News flash from USCIS on H1B Visa 2013 Cap Count.

As expected, USCIS have received sufficient number of H1B visa application for FY 2013.

H1B Visa Cap 2013  Reached

Following was posted on USCIS H1B Page.

• On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013.
• On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.

• USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.
• USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

H1B Visa 2013 Cap Count Tracker.

FY 2013 H-1B Cap Count 

H1b Visa  Cap Count Tracker – 2013

Are you waiting for H1B Visa 2013 receipt notice?

It usually takes less than 10 days to get the receipt notice. But, this time around, its taking longer than expected.

My employer have applied H1B petition on MAY 10th 2012. can anybody tell me that when can I expect the receipt numbers. My employer said that It might take one month. is this really true? Usually how much time will take to receive the receipt numbers.

My employer filed my H1(H4-H1) petition on Apr, 22nd(regular process). I haven’t received my receipt number yet.
Last week they updated that the USCIS deducted the amount from the check, which was sent with my documents. Can anyone tell how much time will it take to get my receipt number?

H1b Visa 2013 Receipt Notice Delay

USCIS has informed the American Immigration Lawyers Association (“AILA”) that:

FY 2013 H-1B Cap Count 

FY 2013 H-1B Cap Count 

FY 2013 H-1B Cap Count 

Follow – H1B 2013  Cap Count Tracker

• H1B Visa 2013 Cap Count Tracker

FY 2013 H-1B Cap Count