2013 H-1B Cap Running Out

As of May 25, 2012 the fiscal year 2013 H-1B cap count is as follows:

·        H-1B Regular cap – 48,400 cap eligible petitions towards cap of 65,000

·        H-1B Master’s Degree cap – 17,500 cap eligible petition towards cap of 20,000

The master’s and regular cap will likely be reached in 1-3 weeks. If your employer is still thinking about filing an H-1B petition, they will need to decide as soon as possible. The absolute minimum time it takes to prepare an H-1B case is one week if everything goes right.

People that do not need to be concerned about the H-1B cap are:

1.      H-1B extension

2.     H-1B transfer

3.     H-1B for cap exempt employer (such as a university)

If you need new H-1B status for next year, you should have your employer start the process in February or early March so you can file on the April 1 or the first weekday of April. As the U.S. economy improves, expect the H-1B cap to be reach much sooner next year. 

Take a look at when the H-1B cap was reached in past years below:

Fiscal Year    H-1B Cap Reached

2014               April/May? 2013

2013                June __, 2012

2012               November 23, 2011

2011                January 27, 2011

2010               December 21, 2009

2009              April 8, 2008

2008              April 3, 2007

Good luck!

My Law, LLC                                           
Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1230 E. Diehl Rd. Suite 106

Naperville, IL 60563

E-mail: attorney@mylawllc.com