Wednesday, April 3, 2013

H-1B Cap Petitions - Final Date Determination by USCIS

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 what. 

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.

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