USCIS (United States Citizenship and Immigration Services) announces regarding the H-1B Visa for the Fiscal Year 2014 . The USCIS will be accepting the applications for the H-1B Visa Petitions from the 1st April of 2013, Monday. The H-1B Visa Premium Processing service for cap-subject petitions would begin from 15th April 2013 as per USCIS.
USCIS Anticipates H-1B Visa 2014 Cap to reach within the first 5 Days from April 1st 2013
USCIS anticipates that they may receive more number of H-1B visa petitions this year, which may exceed the cap between 1st April 2013 and 5th April 2013. USCIS assumes a lottery system might come in place, if the H-1B petitions would exceed the cap.
USCIS Lottery System
The USCIS Lottery System is said to be a Random Selection Process. USCIS conducts a computer generated random selection process to select which H-1B petitions filed would continue to full adjudication. The same process was implemented during the Fiscal Year 2009, when approximately 163,000 petitions were received within the first five days of the eligible period per USCIS.
Premium Processing Starts 15th April 2013
Premium Processing Adjudication starts from 15th April 2013. An H-1B Visa Petition filed and pending can also be upgraded to a premium processing, but only when a receipt notice is issued by the USCIS. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013 as per the USCIS. So, the 15-day processing period will not begin until 15th April 2013. So, even though your H-1B petition was filed on the 1st of April under premium processing and not subject to the cap, you may not expect to receive a decision within 15 days from 15th April 2013.
H1BWiki Recommendations:
Those applying for H-1B Visa this year, here are certain recommendations from H1BWiki you may want to look at:
- Check H-1B Visa Q&A which explains the H-1B Visa Process.
- Take a look at H-1B Visa Cap Count Updates during past years.
- Find out about the H-1B Visa 2014 Predictions and what preparations are necessary.
Will USCIS refund the money if one is not successful in the lottery system?
H1B Masters Quota may not be subject to lotter this year in 2013 (i.e. for FY2014). I do not expect the volume of applications to be more than 20000 within first 5 days. Lottery for this segment has happened only once in history (in 2009).
You have been proven wrong 🙁
Thanks for the info
If anyone has idea:
Would the US Masters candidates come under this lottery system?
premium processing also comes under this system?
If Master Quota gets more than 20000 and regular quota get more than 65000 than yes in both quota lottery will be used.
First USCIS does lottery for 20,000 master quota students once it selects 20,000 it iwll put remaining unlucky student who can not get into 20000 will put under 65000 and lottery will happen again so this way master student will get 2 times chance to be selected in lottery if they can not make in first 20000. But this can only occurs if USCIS gets more than 20000 in first 5 days if USCIS does not get more than 20000 in masters quota but does get more than 65000 in regular quota than only lottery will be held on regular quota all master student will make to the cap without going into lottery.
Till now only one times master quota filled in week and it is in 2009 only. Every other time masters quota never fillled in first 5 days.
Hope this helps and answers your query in details
Master candidate cap is 20K so the rule is like
Case#1: if Master candidate applied & 20K cap is not filled then his/her petition will not be subjected to lottery though 65K would have got filled.
Case#2:if Master candidate applied & 20K cap is already full then his petition will be automatically subjected to 65K cap without any explicit additional paperwork, now if it is the day when say regular count reached 64,900 & M.S. holder petition is one of say more than 100 which appeared on that day then he will also be subjected to lottery.
Case#3: If Master candidate applied & it is the day where M.S. cap hit 19900 & his petition is one of 200 then & at the same day it is 64,900 in regular cap & say regulars petitions>100 then not sure if there would be two lottery phase he will undergo, this is rare case & never happened so far. But every year’s observation says that M.S. caps finishes well before 65K Caps.
Important tip: File LCA AS SOON AS possible guys! H1 petition does not go without LCA being updated by relevant state’s labor dept. which take roughly 10 days max.
Good Luck,
Prashant