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Is it too late to file for H1b FY 2014?

Houston, TX |

I have graduated with MBA in Dec 2012 an currently on opt untiL Jan 2014. I am employed with a private business that is willing sponsore me for h1b, but we overlooked deadlines and We are just starting (March 20th) preparing application for h1b visa for FY 2014. Do we have any chances to file and submit petition prior to 20000 app cap is met? Also if partition filing is not successful- cap is met, will any associated fees be refunded?
Any input is greatly appreciated!

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Attorney answers 3


Your company's immigration attorney will at best guide the petitioning company on whether they can put together

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.

Tripti Sharad Sharma

Tripti Sharad Sharma


a case which will not be rejected for being incomplete.


it wil take time to go through all preliminary procedures. No one knows if it will be a lottery this year or not. USCIS says it likely will be.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


No one knows how many H-1B petitions will be filed this year. The cap may be reached during the first week, and then again, this is only a guess. Go ahead and try. The fees will be refunded if the cap is reached before your petition is received.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (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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