H-1B CAP2022-02-17T15:32:43+00:00

H-1B CAP Information

FY 2023 H-1B Cap Initial Registration Period Opens on March 1

U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.

Please contact us immediately to let us know your plans for CAP season.

    H-1B CAP Registration Information

    Please visit the USCIS H-1B Registration Page for the latest information. In order to submit an H-1B registration, you must first create a USCIS online account.

    Registration Selection Notifications

    As stated on the USCIS website, the Service intends to notify registrants and their representatives with selected registrations via their USCIS online accounts.

    A registrant’s USCIS online account will show one of the following statuses for each registration:

    • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
    • Selected: Selected to file an H-1B cap petition.
    • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
    • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
    • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

    H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a valid “Selected” registration notification for that specific fiscal year in order for a registrant or representative to properly file an H-1B cap-subject petition. The status of registrations that are not selected as part of any initial random selection process, and not denied or invalidated, will remain as “Submitted.” Registrants and representatives that are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that fiscal year.

     

    Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing.  Please sign up for updates from our office below.

    If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year. An additional 20,000 H-1B petitions are set aside for the U.S. advanced degree exemption.

    Important Notes for this year:

    1. Candidate Backgrounds and documentation:

    * Ensure degrees are related (in the relevant field) and candidates have submitted copies of all degrees and transcripts;

    * where the degree is an unrelated field, the candidate must possess a minimum of three years of experience in the field to qualify for the position

    * Letters of experience must be detailed and provide progressive experience and skills used. Additional care must be taken to provide exact dates of prior employment

    * An evaluation of education and experience will be required to complete the process and takes additional time

    * Please upload documentation as one continuous feed as opposed to multiple documents

    * Review your scans to ensure they are legible and the seal of the university is clearly visible with date of graduation on the degree certificate

    * Do no upload extraneous certificates (e.g., best student award, most valuable employee certificate, etc.)

    2. Salary:

    * The USCIS is evaluating positions based on salary. Level 1 salaries for a majority of technology related positions are no longer considered to be acceptable for H-1B positions

    3. Master’s CAP

    * Candidates eligible for the Master’s CAP must already have the degree certificate, or obtain a letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.

    * Please have the candidate obtain all copies of prior I-20s and proper endorsement if the candidate is currently employed on a CPT

    * Additionally, provide proof that the candidate’s school is authorized to grant CPT and is an integral part of the curriculum

    * CPTs issued immediately upon joining a program of study are suspect and may not be valid

    * Multiple CPT/OPT candidates will run into additional scrutiny

    4. Consulting Companies

    * Must document “Right to Control” the work assignment; letters, emails or other forms of acknowledgment must be submitted in advance

    * Documentation of employer-employee relationship must be submitted (contracts through the chain to the end-client)

    * Additionally, check and ensure the employer’s VIBE profile is updated and reflects accurately the current profile of the Company

    * All online profiles of the Company must the most recent information. Check FB, Linkedin, D&B prior to filing

    5. Checks

    * Checks should preferably be printed and contain accurate information

    * Checks should be printed with MICR ink

    * Make all checks payable to U.S. Department of Homeland Security

    * Checks should be recently dated for April 1st filing; US Postal Money Orders are the only acceptable alternative

    6. Recently Incorporated Entities

    * Please immediately schedule an appointment to go over requirements

    * Establish a D&B number and VIBE profile

    * Establish an online presence

    * Obtain a professional business plan and be prepared to establish qualifying H-1B work

    We look forward to working with you again!

    More News

    FAQ

    Is it possible for me to sponsor myself on an H-1B?2018-03-02T00:29:20+00:00

    There is no way to sponsor yourself on an H-1B. It must and can only be through a U.S. Employer.

    What are the requirements of a properly filed H-1B petition?2018-03-01T23:45:10+00:00
    How can I opt for part time job if I am currently on H1B and getting paid on W-2. What are my options?2018-03-02T00:03:26+00:00

    The regulations allow an individual in H-1B to work two or more jobs by filing an H-1B petition for “concurrent employment”. We could assist you with this process if the job rises to the level of a specialty occupation and your employer is willing to file a concurrent H-1B petition on your behalf.

    Could this I-94 expiration date be an error?2018-03-02T00:03:38+00:00

    Q: My wife just joined a new company and received new I94 which has expiration date of March 2015. However she is approaching her maxout time period of 6 years and maxout date falls in Oct 2014. Based on new I 94, does this mean her maxout date is March 2015 and not Oct 2014? or could USCIS provided an incorrect I94 expiry date?

    A: The March expiration date is an USCIS error. You should not assume your wife has until the expiration, but rely on the earlier max out date to make plans.

    When filing an H1-B extension, what kind of documentation is needed for showing the job offer on hand?2018-03-02T00:03:51+00:00

    The key is to document the existence of an “Employer-Employee Relationship” and the ability of your employer to control your employment at the client site.

    This may be documented through a letter(s) from the End Client, or a chain of contracts from the employer to the end client.

    I-94 Transfer Question2018-03-02T00:04:02+00:00

    I came in United States in February 2013 with Employer A (H1 B valid till Sept 2015) and joined Employer B in November 2013(Got new H1 B visa valid till September 2016). In December 2013 went to India for vacation and did not get my visa stamped with new employer(B)… because my old stamp was good till September 2015.. so I traveled on Old visa.. at port of entry the officer gave me I-94 with validity of old visa (which is Employer A valid till September 2015). Now I got another job and I want to transfer my visa.

    1. Is there any problem in doing that..?
    A. >>There is no problem moving to a new employer in the situation described below.

    2. Which I -94 should I give for my transfer (the one I got from new employer transfer or the one get while I enter in US after my vacation?
    A. >>You should submit the I-94 that your obtained upon reentry. However, the earlier approval (Company B) along with I-94, should be included in the petition package.

    I got my H1B approved this April and I am travelling to India in this October , so should I submit the I-94 in the Indian embassy while going there for stamping or should I submit it at the USA airport at check-in before traveling to India?2018-03-02T00:04:40+00:00

    The I-94 is known as the arrival-departure record and will be taken from you at the POE (Airport).

    My company had given me a pdf scanned copy of my W2. Can I take that printout to the US embassy when I go for my H1b stamping or is a official copy of W2 required?2018-03-02T00:04:54+00:00

    A photocopy should be sufficient.

    Do two H1B applications from two different employers increase the lottery chances for me?2018-03-02T00:05:09+00:00

    Two distinct employers would be treated as having filed two distinct petitions. The two should be completely unrelated and not rely on the same end client documentation/contract(s).

    Will there be an issue for Green card processing with a new company when I’m not in good terms with my previous employer specifically with regard to experience letter?2018-03-02T00:05:22+00:00

    Unless there is a specific instance of fraud, the USCIS does not randomly call employers to verify the contents of an experience letter.

    Where can I find FAQs on employment authorization for certain H-4 dependent spouses?2018-03-02T00:05:39+00:00
    More FAQs

    H-1B Approval

    Thank you, I just got approved!
    Thank you for your great work and help!

    – Evan, USA, E-mail

    H-1B Extension – USCIS Delay

    A note to say “Thanks” for all your efforts with following up on K’s case.  When things goes smoothly it’s always difficult to know how good an Attorney really is.  So, thanks again for all the phone calls / emails and further documentation required from your office.

    — Rich.R., USA, E-mail

    H-1B Right to Control RFE – Approved

    Thanks to you and your office staff. We will start S..’s Green Card processing in the next couple of weeks.
    KIDAMBI & ASSOCIATES, P.C. are the best immigration lawyers in the country.

    — JP, USA, E-mail

    H-1B for Non-Technical Position for an IT Services Company

    Mr. Kidambi,
    My sincere thanks to you for taking us through this H1 filing in particular and guiding us every step of the way.
    This is an important hire for the growth of our Company and I truly appreciate your efforts.

    — Sima, USA, E-mail

    Employment Based Case [H1-B]

    I received the approval for A.. (Intent to revoke case). That’s fantastic news. I appreciate the meticulous effort put into responding to this case appropriately. Your expert handling of the case does make a big difference to the individual involved and the company.
    – Leonard G., USA

    H-1B Processing and Specialty Occupation RFE Response – Operations Manager – Restaurant Chain

    I’m writing this letter to formally thank your firm for representing this case. I really can’t thank you, and your entire staff. The words seem so very simple, but they carry with them all my appreciation!! This whole process was, at times, difficult for us but we were always in good hands. You have handled this case in an extremely competent and professional manner. You are a terrific attorney.

    Thank you again for your services.

    — AL, USA, E-mail

    More Testimonials

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    For one of our Spanish speaking clients… Uno de nuestros clientes estaba por completar seis años en la clasificación H-1B. La Aplicación de Trabajo Permanente (“PERM”) estaba en proceso; [...]

    H-1B Approval

    Congrats! Kantan got approved I got an email this morning from the USCIS. Was a little worried without the end client letter, but we also had the confidence that [...]

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