H1B Visa 2013 – FAQ’s

Raghuram Sukumar H1B Visa

Comments for this article is closed. Post your questions at H1B Visa 2014 Updates and News for filing H1B in April, 2013.

USCIS is accepting H1B Visa 2013 applications from April 2, 2012. Learn about latest Cap Count, H1B Visa News and Updates.

This page will provide an overview of  H1B Visa 2013 Fiscal Year process and what to expect, if you are going to apply for H1B Visa for the first time.

H1B Visa Cap Count Tracking

Overview Of  H1B Visa 2013

  • H1B Visa 2013 Cap
    • General Cap – 65,000
    • Advanced Degree Cap – 20,000
    • Cap Exempt – No limit
  • Application Accepted  – Starting April 2, 2012 (April 1 is Sunday)
  • H1B start Date – On or After October 1, 2012


Question – My employer was planning to apply for my H1B visa in December/2012 of this year, but H1B Cap has run out. I completed Masters and my 12 month OPT expires on Jan 2012. When can my employer file for H1B?  Can I continue to work till I get H1B Visa 2013 Quota? What happens to my status after OPT expires?

H1B Visa and OPT

h1b visa 2013

USCIS – H1B 2013

As you can see above, USCIS will start accepting H1B Visa for Fiscal year 2013 only from April 2.  Based on your question, your OPT expires in 2 months from now. If your OPT expires, you will be out of status.

You have to take steps to stay in status while in USA.

If your degree comes under STEM classification and employer is enrolled in E-Verify program, then you can get another 17 months OPT Extension.

This 17 month OPT extension will extend your status and continue to work for same employer, till they can apply for H1B  visa 2013. Even if they apply on April, your actual H1b visa start date will be October 1, 2012 or later.

If your employer is not enrolled in E-Verify, then you have to explore other options to stay in legal status.

Other options are not straight forward. You must consult with your employer’s immigration attorney. Understand all available options, OPT rules, H-1B Visa process, OPT Extension rules.

H1B Visa Cap Count

Alternatives to H1B Visa

If you want to file H1B Visa before FY 2013, following options are available.

  • O-1 Visa – Individuals of extraordinary ability or achievement.
  • E-3 Visa – Limited to Australian Professionals.
  • L-1 Visa – The L-1 visa is an option for international organizations with offices in the United States who transfer employee
  • Change of Status to another visa type (F1, H4)

H1B Visa Fiscal Year 2013

  • H1B Visa 2013 Fiscal Year
    • Start Data – Oct 1, 2012
    • End Date –  Sep 30, 2013

65,000 and 20,000 cap applies to the above mentioned 365 days period. Then H1B quota cap resets. Stay tuned for additional information about H1B visa process, latest news and updates.


H1B 2013 deadline will the date when USCIS receives the necessary number of H1B Visa petitions to meet the H-1B cap.

If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of H1B petitions required to reach the numerical limit from the pool of petitions received on the final receipt date.