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  • H1b cap question senior members please reply

    HI Senior members please reply,

    My H1b application was received by uscis on 11/22/2011 in the morning.

    As per the below news it was mentioned that any application received on after 11/23/2011 will only be rejected and nothing was mentioned about lottery on 11/22/2011.

    Does that mean my application will be considered ?????


    USCIS Reaches Fiscal Year 2012 H-1B Cap

    Released Nov. 23, 2011

    WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

    Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011.

    As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.
    U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

  • #2
    One cannot say.
    USCIS is known to go by their own receipt date which in general is later than actual physical delivery date. You have to wait for the receipt and keep your fingers crossed.
    This is my opinion and not legal advice.

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