If you missed the original article, please click here: USCIS Prediction For FY2014 H1B Cap
The final date for H1B cap petitions
will not be announced until next week at the earliest since the
USCIS is required to keep receiving cap cases until the end of
the business day Friday, 04/05/2013, even if they have already
received more than enough numbers during the five-day period.
The announcement of "final date" to receive H1B cases will be critically
important. If the final date is determined to be Friday, 04/05/2013,
then any cases which are received after Friday will be rejected for regular cap cases. All
remaining cases received during the five-day period (Apr 1 to 5) will
be put into the random selection process by the computer.
If the final date is after Apr 6 then those cases which
were received by Friday, April 5, 2013 will be safe, no matter
Cases which are received after Friday,
April 5, 2013, can be handled two ways. One option
is to reject any cases which are received after the "final
date," whatever that date may be. The second option is to
put all the cases which are received on the final date and one
day after the final date into the computer random selection process.
For the reasons, employers will have nothing to lose keep filing
the cap cases until they determine and announce the final date
for the cap petitions
Employers should keep in
mind that the "final date" is not the date when the
USCIS announces reach of the cap. By the time they announce the
final date, it will be either a day or several days later than
the date of announcement. Firstly, the employers should hope
that the final date is not April 5, 2013 to avoid the computer random selection
process (for everyone including those who filed on Apr 1).
Secondly, the employers should hope that the final date is much later than Apr 6, so that the employers who filed between April 6 and
the final date can also avoid the computer random selection process
unless it was filed at the last minute of the final date.