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Immigration Law

: US Immigration Matters

H-1B Cap

By Annie Banerjee

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USCIS announced that it has received approximately 124,000 petitions. 
The cap is 20,000 for US Master's Degree holders and 65,000 for general. 
USCIS has received more than the amount in all categories.  Thus it will do a lottery for the 20,000 Master's Degree holders first. 
Those who are selected will get the receipt notice. 
Those who are not selected will be entered into the 65,000 general lottery 
So US Master's cap will get two chances at the lottery. 
USCIS has not announced when they will do the first lottery. 
We will update each and every one of our clients as soon as we know anything. 
If you don't get selected  the CIS will not withdraw your application fees. If you are on any other visa category, and applied for a change of status, your status won't be changed and you can continue in your current status. 
If you were a student, and are working in your OPT, and don't get selected even after 2 lotteries, you can either : (1) go back to student status, or (2) file H-1B from a non cap (non profit research) institute.
CIS also has the power to extend the cap gap or the EAD status until next year, but we cannot predict if the CIS will do so. 
If you are a student and get selected, you will need your receipt notice to apply for cap gap, if your EAD expires before October 01, 2013. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Full post as published by US Immigration Matters on April 08, 2013 (boomark / email).

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