This is a friendly reminder that the Fiscal Year 2013 (FY2013) H-1B filing season will begin on Monday April 2, 2012. For the last several years the H-1B cap season has averaged nine months before all 65,000 H-1B regular cap slots were used. However, with the U.S. economy improving, some expect that the 65,000 H-1B regular cap slots will be used by Summer 2012, perhaps as soon as May 2012.

Any cap-subject H-1B petition that is filed after April 1 allows the Beneficiary to begin working in H-1B status on October 1, 2012. Students who hold F-1 OPT student status can remain with valid work authorization through October 1, 2012, provided that their H-1B Petition is field and accepted by USCIS.

H-1B cap-subject petitions include:

• New overseas H-1B hires;
• Beneficiaries on another non-immigrant status, such as H-4, L-1, or F-1;
• H-1B workers who hold H-1B cap-exempt status by virtue of the filing of the H-1B with a University or research facility.

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