This is How H1B Visa 2014 Lottery Could Look Like (Video)

Raghuram Sukumar H1B Visa 17 Comments

Are you ready for H1B Visa 2014 lottery? According to USCIS update, there could be H1B Visa lottery this April. I have a short video at end of this article.

H1B  Quota Numbers

The Regular cap for FY 2014 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

Here is an excerpt from USCIS Press Release about possibility of more H1B application being submitted than available H1B 2014 Cap numbers.

  • Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013.
  • USCIS will monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap has been met. This date is known as the final receipt date.
  • If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit.
  • USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.

Here are important words you need to pay attention (highlights)

USCIS anticipates – more petitions than the H-1B cap – April 1, 2013 and April 5, 2013 – lottery system to randomly select

Go to H1B Visa 2014 cap season page to learn about H1B Visa process.

H1B Visa 2014 Lottery

You can find several H1B Visa articles related to H1B Visa lottery from April 2008 for FY 2009 Cap Season. Search in the blog for H1B Visa Lottery OR watch the video below.

Additional Info About H1B Visa Lottery selection

Following is press release from USCIS after Lottery was completed in April 2008. This will give you more insights to understand what to expect from H1B Visa 2014 lottery.

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USCIS today conducted the computer-generated random selection processes on H-1B petitions, to select which H- 1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

USCIS conducted two random selections, first on petitions qualifying for the 20,000 “master’s or higher degree” (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received in the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks…..

USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status.

USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.

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Now, you get the idea about how H1B Visa random lottery selection to select H1B Visa for FY 2014 Cap season will be done.

There could be changes in the above procedure, but I shared this for you, so you will get an idea about the H1B 2014 lottery process.

Comments

  1. Hey Raghu – 2 questions:
    1) My H1-b petition was not filed on premium basis. I got an email from my employer attorney with my EAC number on 23rd april. My question here is does everyone who has filed the petition get the EAC number?
    2) Next day got another email from HR saying the EAC number means you have been “picked” for lottery, but its not yet “selected” yet, we will know if its selected in 2 months. Does this mean that all the 124,000 (approx) have been given the EAC numbers but the selection process is going to happen in June?

  2. I wasn’t able to send my application because i was waiting for the certified LCA. My lawyer insisted that we couldn’t do that before april 1st but now i am wondering how the cap got filled so fast if you can’t submit the petition without an approved LCA and if you can’t apply without it! does anyone has any answers on this? also i wanted to ask if there is a chance that after the lottery the cap ends up not being filled and i can still send my petition?

  3. Hi Raghu,
    Can there be any issue if 2 different companies have filed my H1b (Possibly 2 different roles (similar though) )? If lottery happens and both gets selected, what happens ? Is there any refund for petitioner if he does not get through lottery ?

  4. As per me there is no way possible for lottery . 1.No consultancies are doing h1b for free 2. Ppl are not ready to take risk in paying the huge amounts . 3.as per the news the lca applied are not more than 80000 which includes new and transfers . Agree?

  5. As per me there is no way possible for lottery . 1.No consultancies are doing h1b for free 2. Ppl are not ready to take risk in paying the huge amounts . 3.as per the news the lca applied are not more than 80000 which includes new and transfers .

  6. don’t worry market is not soo good. companies from india not going to file many visas. 60 % of h1 visa holders haven’t travel to US since there is no requirement.

  7. Hi HSB, so just to be clear, if even after twice lottery chance (for a Phd guy) if he is not lucky, he will have to leave US?

    1. Hi,
      Does USCIS use a different algorithm to conduct a lottery for different majors? Ex – if one person has a phd in economics and the other person has a masters in computer science, will they both have the same probability ? As per my knowledge number of students applying for an H1b with economics/finance (masters or phd) background will be way less than students with an engineering or tech background??
      Please reply!!

      1. My question is ” how will USCIS differentiate between different fields/majors and their job requirement ?

        1. Thank you so much for the reply. I really appreciate it. And just keeping my fingers crossed now.

          1. Also, do you have any idea how many advanced degree applications were rejected in 2008? I am just trying to get an idea as it was a similar situation back than as well.
            Thanks again in advance for your time.

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