H-1B CAP Filings FAQs
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Home / H-1B CAP Filings FAQsFor fiscal year 2017, foreign workers with approved H-1B petitions may begin employment on October 1, 2016. The regulation allows H-1B petitions to be filed six months in advance starting April 1, 2016. For the past few years, the number of H-1B petitions submitted by applicants far exceeded the statutory annual cap of 65,000 for regular petitions and 20,000 for advanced degree petitions. For example, USCIS received approximately 233,000 cap subject petitions for FY2016 during the first five business days beginning April 1, 2015. We expect that the number of H-1B cap filings will continue to exceed the annual quota this year.
How do I apply for H-1B if I haven't received my diploma yet? To file a master cap H-1B petition, one must prove that she has been granted the requisite graduate degree at the time of filing. Even for the regular cap filers, they usually must also establish that they have earned their bachelor's degree before April 1st. For individuals who have actually completed all graduation requirements but have not been issued a diploma yet, they could try to get an official letter from an authorized school official to certify that they have completed all degree requirements before April 1st.
How should I increase my chance of getting selected in the H-1B lottery? There is no way to increase one's chance of getting selected. But you should make sure that you file your H-1B petition during the first five (5) business days in April so that you won't miss the lottery. Also, make sure that your petition is correctly and sufficiently prepared to avoid rejection by USCIS.
What other things can I do now? Gather all required documents such as your passport, I-94, diplomas, transcripts, immigration status documents, etc. Provide all information and documents to your attorney and employer as soon as possible. Make sure all photocopies of documents are clear and legible. If offered the opportunity, review the application forms carefully before filing.
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