U.S. Citizenship and Immigration Services (USCIS) has announced that they will start accepting H1B petitions towards the FY2013 H1B Cap starting Monday April 2, 2012. Cases are considered accepted when USCIS takes possession of a properly filed petition with the necessary fees. USCIS does not consider the date the petition is postmarked when considering the date of acceptance.
In the event that USCIS receives more H1B petitions than the amount available under the FY2013 H1B Cap, USCIS will randomly select the number of petitions to reach the numerical limit from the petitions received on the final receipt date. Petitions not randomly selected by USCIS and petitions received after the final receipt date, will be rejected. The processing of Cap exempt cases, H1B transfers and all other H1B petitions on behalf of employees previously counted under a previous H1B Cap will be processed as normal. It is important that each H1B petition be properly prepared, supported and submitted to avoid unnecessary delays, rejections or denials.
Based on the number of H1B petitions filed under the FY2012 H1B Cap, the FY2013 H1B Cap will likely not be filled within the first filing week or the first filing month. Since the FY2012 H1B Cap was not met until the end of November 2011, it would be safe to proffer that the FY2013 H1B Cap will last for several months before being met. If you are the petitioner or beneficiary of an H1B petition, we can help. Contact us today for a free assessment of your immigration options.
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