by Chris Musillo


The
USCIS has reached the statutory H-1B cap of 65,000 for fiscal year 2014 (H-1B
Regular Cap). 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 (H-1B
Masters Cap).  This is the first year since FY 2008 that the cap has been
reached so quickly.


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 and return the petition with filing fees, unless it is found to be a
duplicate filing.



F-1 students who wish to use the "cap-gap" rules
must be lottery winners. F-1 students who do not win the lottery must exit the
US at the conclusion of their F-1 period. 



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