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When should I apply for H1B?

Palo Alto, CA |

I am currently on OPT (expire August 1st, 2013.) I am on STEM degree so after that, I will have another 17 month OPT extension, which will expire around January 2015. I am working full time and my employeer agreed to sponsor me H1B. My question is: What would be the best time for me to file an application for H1B?

I know that USICS accept application around April 1st this year already. H1B is usually reached cap pretty fast. The last 2 years, H1B cap was reached around June. So is it too late for me to file my application now? If I have to wait again, I would have to wait until next April to get my application approved. I am not sure what to do. Please help

Thank you

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Attorney answers 3


They anticipate that the cap will be reached by April 5th this year.

File on April 1 of 2014.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



Thank you very much for the answer. Do you know why cap this year is reached so fast? What are the qualifications for judging a candidate for H1B against the others? (Years of experience, degree, industry, etc...)

F. J. Capriotti III

F. J. Capriotti III


Basically the reason we expect the cap to be reached so fast this year can be known as a self-fulfilling prophesy. For the past couple of months the government has been warning everyo0ng that they anticipate running out of visas and accordingly are planning on running a lottery to determine the sequence in which they will process the applications that arrive this week. Thus, they encouraged all of the attorneys to file early ... which we did. Now all we can do is wait for the dust to settle. As for qualifications, as long as someone meets the minimum education/experience requirements the DOL will issue the LCA and CIS will issue the I-129H approval ... no qualitative 'test' is applied whatsoever.


You seem to have choices. If USCIS determines that they have not received over 20,000 Master's cases or cap cases, your employer can still file. If you are out of luck this year, you can apply in the next fiscal year's quota.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


First five working days in April 2014

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

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.



Thank you very much. My employer is a startup so they dont have an immigration lawyer yet. Should I find a lawyer myself to make sure everything works out fine.

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