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.?
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.
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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.
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Dwight D. Myfelt, Esq.
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Member: American Immigration Lawyers Association
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If you employer files within reasonable time from the April 1, 2013
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