What if H1B Visa 2013 Cap is Full Within First 2 Days?

Raghuram Sukumar H1B Visa 4 Comments

USCIS will start accepting H1B Visa applications from April 2, 2012.

What is H1B Visa 2013 Cap is reached within first 2 days of April 2, 2012?

Last 2 years, H-1B Visa Cap  was available for 8 to 9 months.

Economy is improving, so does the job marketing and IT hiring.

What is USCIS received more than 65,000 H1B Visa applications for General Cap  and over 20,000 H1B visa applications for Advanced Degree Cap  within first 2 days  ( April 2 and 3, 2012).

Thats when USICS will use random selection (lottery) to select H1B Visa applications to approve.

If USCIS receives more  H1B Visa 2013 applications more than the available cap within first 2 days, USCIS will continue to accept H1b Visa  2013 applications.

USCIS will continue to receive H1B Visa petitions for first 5 business days ( till April 6, 2012)

All the H1 applications received till April 6, 2012 will be included in the lottery.

Here is the official law that describes this 5 business days rule for H1B Visa 2013 Lottery

If the final receipt date is any of the first five business days on which petitions subject to the applicable numerical limit may be received (i.e., if the numerical limit is reached on any one of the first five business days that filings can be made), USCIS will randomly apply all of the numbers among the petitions received on any of those five business days, conducting the random selection among the petitions subject to the exemption under section 214(g)(5)(C) of the Act first.

Do you think H1B Visa application for FY 2013 will be filled in first few days of April 2012?

Read the H1B Visa 2013 Predictions.


  1. I don’t recall for sure if USCIS used to consider the petitions received in 5 business days or petitions postmarked in the 5 business days. Many agencies in the US like IRS etc use postmarked date instead of receive date

    1. Words in the quote in the post above is the actual language from the law. Post mark date is not accepted by USCIS. Application package should be received physically to be counted.

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