Hi Sandeep, This is Milena , I have been asking questions about H1B visas, you really have helped me to understand a lot of things but unfortunately I’m still having a huge doubt and I really hope you can help me here and sorry if Im bothering you but if you cant help me i’ll understand it. I just recently start with an OPT this February 19 /2013 and will end 2/ 18/2014 My current lets say " employer " wants to sponsor my H1B, I red April is the initial date of the process in other to start working in October 1 2013 right? I also read that the Cap of 2013 was full since June 2012. So every application with a starting date of 2013 will be reject right? My question is: in my application what is the date I need to put as a Starting date is October/1/ 2013 or October/1 2014 ? I also read that all application will need submitted 6 month prior the date you will start working, so againg in this case thy might reject my form because Im doing 1 year in advance. I know i can stay legally in the country until february ( my opt ends ) plus 60 days after that … so what will be the scenario if depending of what you tell me I can extend or not my OPT… I dont have a Masters so i know i cant do it from that side but what can i do in terms of the H1B process>? I really will appreciate your help … this is something is slowing down my procces for this April… help me please. Thank you
USCIS fiscal year runs from Oct 1 to Sep 30. So when someone refers to 2013 cap, they are basically referring to FY-13 (Oct 2012 to Sep 2013) for which first date of filing was April 1, 2012 and cap reached in June 2012.
What is about to open is FY-14 cap (Oct 2013 to Sep 2014) w/ earliest start date to file of April 1, and earliest start date to work of Oct 1 (this way April 1 becomes 6 months advance date). You should still mention start date of Oct 1, 2013 and make sure it gets filed before cap is reached.
Does that clarify?
Perfect now I get it !! Thank you