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Update on FY2013 H-1B Cap

As of April 9, 2012, USCIS has received approximately 17,400 H-1B petitions towards the 65,000 cap and approximately 8,200 petitions towards the 20,000 cap for applicants with U.S. advanced degrees. USCIS has indicated that it will continue to provide regular updates on the FY2013 H-1B cap and will announce a “final receipt date” once it has determined that it has received a sufficient number of cases to meet the cap. It will then randomly select the number of H-1B petitions received on that final date for receipt of a FY2013 H-1B number. Any petitions that are not successful in the lottery system or received after the final receipt date will be returned with refunded filing fees.

Meanwhile, USCIS will continue to accept H-1B cases that are not subject to the numerical cap, including the following petitions:

• H-1B extension of status.;
• H-1B change of employer;
• H-1B amendments; and • H-1B concurrent employment.

For assistance in filing an H-1B petition, please contact our office.

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