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

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.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c91dea8c9eadd310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD

Attorney Answers 4

Posted

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 immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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Posted

Thanks a lot..

Gintare Grigaite

Gintare Grigaite

Posted

You are most welcome, and good luck.

Posted

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)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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, 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.

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