4/9/2010

Under the USCIS rule, the first available date for filing is April 1, 2010. Based on the historical record, when certain numbers are received, the USCIS releases the reach of the cap number on certain date. The cap reaching date is called "final receipt date." 

Usually, the final receipt date falls before the date of the agency announcement. People should thus know that the announcement date is not the final receipt date. When the agency receives enough numbers to reach the cap before April 8, 2010, the agency is required to keep accepting petitions until the end of the day of April 7, 2010, no matter whether the cap number reached right after April 1, 2010. 

Then putting together all the petitions which have been received by the end of April 7, 2010, the agency will perform computer random selection process, called lottery. Traditionally, the agency performed the U.S. Master degree case lottery first, had they received enough U.S. Master degree cases before April 8, 2010, and after completing such lottery, the agency performed the regular H-1B cap case lottery adding those U.S. Master degree cases that failed to be selected. 

When the agency fails to receive enough cap number before April 8, 2010, the H-1B cap petitions which have been received before the end of the date of April 7, 2010 are considered filed and in that regard, not subject to the computer random selection process. 

And then should the final receipt date is announced certain date after April 7, 2010, the agency will run the computer random selection process using the remaining numbers on the date of final receipt date. If the petitions are not selected through the lottery or received after the final receipt date, the filing will be rejected and returned to the petitioners. April 7 is Wednesday this year.