What is my opportunity in order to get H1B within this quota? Lottery, is it based on the applicant or the company?

Asked over 1 year ago - Madison, CT

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing

http://www.uscis.gov/portal/site/uscis/menuitem...

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    1

    Answered . The process is completely random.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Dana Roxana Bucin

    Contributor Level 15

    3

    Lawyers agree

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    Answered . I agree with my colleagues. It is a random process and your merit has nothing to do with it.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide,... more
  3. Gintare Grigaite

    Contributor Level 18

    4

    Lawyers agree

    2

    Answered . Like USCIS indicated, because it received so many petitions than there are visas available, it will use computer-generated selection, which is the "lottery," so the selection will be random. It does not depend on either one.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more
  4. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . If your employer did not file by April 5, zero, If your employer filed between April 1 and April 5, depends on how many USCIS selects. If your employer filed more than one petition for you, zero.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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