On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012 (www.uscis.gov).
What Other Options Do You Have?
FAQ: Are all H-1B petitions subject to cap?
A: No. Only new petitions. Thus an extension (renewal) is not subject to the cap. Other examples include H-1B change-of-employer petitions. Therefore, anyone with prior H-1B status can still submit an H-1B Petition.
FAQ: What are other work visa options are there?
A: Other options include Trainee (J) and Extraordinary Ability (O), and certain Specialty Occupation Professionals from Australia (E-3) categories.
FAQ: I’m in OPT Status, can I still file my H-1B petition on April 1, 2013?
A: Yes, if you are in valid the “cap gap” allows you to file your petition on April 1 and continue working until the petition is approved for an H-1B start date of October 1, 2013.
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