Blogs on Immigration Law and Policy

Chris Musillo


The USCIS has confirmed through AILA that all 2013 H-1B cap-subject cases have been receipted in this past week.  This is a little quicker than we had expected.  If you have not received an H-1B receipt notice the chances are that your case did not win the H-1B lottery.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. 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 is returning the petition along with the USCIS filing fees.
F-1 students who did not win the lottery must exit the US at the conclusion of their F-1/OPT period.

Many H-1B petitions are not subject to the H-1B cap, including:
* H-1B extension petitions
* H-1B transfer petitions
* Certain H-1B petitioners for University employers
* Certain H-1B petitions for Non-Profit Research organizations

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About The Author

Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.

The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.