USCIS Publishes Resource Page for H-1B FY2014 Cap Season
The H-1B Program
Be advised: Premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the Premium Processing section for more details.
The H-1B Program
Be advised: Premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the Premium Processing section for more details.
The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location. We explained to USCIS that the end-client was infact the vendor, who “owned” the project. USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client. We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project.
Some folks are predicting that H-1 quota may last a lot longer than just April.
Remember also, if there is a lottery, ALL cases received by and including 5 April will be included in the lottery. As the regulation 8 CFR 214.2(h)(8)(ii)(B) states:
Premium Processing for Cap-Subject H-1B Petitions to Begin April 15, 2013
Released: March 15, 2013
WASHINGTON: U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.