FY 2014 H-1B Filing Update
USCIS will Accept Cases until April 5, 2013
The H-1B cap will most likely be reached within the first few filing days
of April. As per law cited below, the USCIS will accept petitions for
at least the first five days - until April 5, 2013. If the cap numbers are reached
by or before April 5, 2013, all petitions receipted will be put into a
random lottery. To re-iterate, even if the USCIS receives more petitions
than allowed under the cap, it will continue to receive petitions until
April 5, 2013 and then apply a random selection to all the petitions received
As per Immigration and Nationality Act
8 CFR Sec. 214.2(h)(7):
“If the final receipt date is any of the first five business days
on which petitions subject to the applicable numerical limit may be received
(i.e., if the numerical limit is reached on any one of the first five
business days that filings can be made), USCIS will randomly apply all
of the numbers among the petitions received on any of those five business
From our assessment, based on client interaction, we expect that there
will be a substantially larger number of petitions filed this year than
in the immediate past couple of years. The USCIS has also released Press
Statements with similar information.
Please note that the USCIS will also be suspending Premium Processing for
cap subject H-1B cases until April 15, 2013 and those premium cases selected
in the lottery will be processed starting on that day.
Please feel free to contact us with any questions regarding this issue.