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What are REALISTIC chances of H1B lottery this year?

Houston, TX |

USCIS has released a press note on 03/15 stating they may receive more than CAP applications this year during April 1-5. Does this mean its totally possible since USCIS is stating it? or is it still a 50-50 percent chance for a lottery because no one can predict it.?

Attorney Answers 3


  1. Best answer

    The chances are indirectly proportional with the state of the economy: if the economy is good and companies are hiring, then the cap will be exhausted soon after April 1; conversely, if the economy is bad, the cap will be exhausted after a longer period of time. The season starts at April 1. If the latest trend holds (which is an upward trend for the economy), then you are looking at a window of maybe 2-3 months during which to file. No one has a crystal ball to tell you exactly how much time you will have but I believe the job market is better than last year and thus the cap will be exhausted sooner.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.


  2. I'd say the chances are very strong. We have been telling our clients to expect this for some time now. If you are going to have an H-1B filed on your behalf, it needs to be filed by April 1 if at all possible.

    Each of the last couple of years have seen the cap used up earlier and earlier, so this comes as no surprise.

    If you appreciate the time I spent preparing this answer, please consider marking it BEST ANSWER or HELPFUL. Knowing you have found my answer helpful encourages me to answer more questions for others.

    Thank you and best of luck!

    Dwight D. Myfelt, Esq.
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    Please be advised that my response above is NOT legal advice and does NOT create an attorney-client relationship between you any myself. You should NOT take action based solely upon this response. I have not conducted the complete inquiry into all the facts of your case which I would undertake if you had retained me to act as your attorney. Additional facts which we would discuss if you hired me to represent you may very well change the response I have provided above. I strongly recommend you talk to an attorney who is experienced in immigration law in order to receive advice specific to your case. All of the responses which I post on Avvo.com are intended as general information for the education of the public, and should be considered to be a form of advertisement.


  3. If you employer files within reasonable time from the April 1, 2013

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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