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USCIS Accepts H-1B Petitions for FY 2013 from April 2, 2012

The H-1B program is used by the US employers to hire foreign workers in specialty jobs which require theoretical or technological skills. Specialized workers include engineers, scientists or computer programmers.

U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions for the Fiscal Year (FY) 2013 cap from Monday April 2, 2012.

On taking possession of completely filled forms accompanying the correct fee, USCIS will consider acceptance of the form. USCIS has set a limit in the number of H-1B petitions for FY 2013. It will accept 65,000 applications. Additionally, the first 20,000 H-1B petitions from people who have completed a master’s degree or an advanced degree in the US are exempt from the fiscal year requirement. The public will also be notified about the number of petitions that the USCIS has received. If USCIS receives applications which exceeds the numerical limit, it will select randomly from the received applications.

The applications that the USCIS receives after the mentioned final date of receipt will be rejected. Petitions from people who work at institutions of higher education, non-profit organizations, non-profit and government research organizations will be exempt from the annual cap.

Petitions on behalf of people who work only in Guam or Northern Mariana Islands will also be exempt until December 31, 2014, from the cap. Eligible employers can file applications for the cap-exempt categories.

USCIS will continue processing H-1B petitions for:

  • an extension in the period of time, a current H-1B employee may continue to work in America.
  • changing the employment status for the current H-1B workers.
  • permitting the current H-1B workers to work for other employers.
  • permitting the current H-1B employees to work in a second H-1B position, at the same time.

The applicants must fill Form I-129, Petition for a Non-immigrant Worker, completely, along with the Supplementary forms for data collection and Filing Fee Exemption. The filing fee varies depending on the type of H-1B petition.

The petitioners are required to follow all the necessary requirements while filling the form in order to avoid delay in processing the form. The applicants can go through the detailed information provided by the USCIS to complete the form successfully.

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