On March 25, 2022, USCIS began the H-1B Cap random lottery selection for fiscal year 2023, which is expected to run until March 31, 2022. Employers can check the status of their cases by logging into the myUSCIS account that was used to complete the registration process.

Filing Window After Selection

If the registration status has changed to “selected”, it means the case has been selected in this round and is eligible to have an H-1B petition submitted. The filing period for this round is between April 1, 2022 and June 30, 2022.

Further details, such as which USCIS service center to file the petition to, can be found on the selection notice that can be viewed and downloaded through the myUSCIS account.

Cap-Gap Extension

For selected Beneficiaries who are eligible for cap-gap extension and would like to extend their work authorization under OPT (Optional Practical Training), their H-1B petition must be filed while their OPT is still valid and before June 30, whichever is earlier.

If the petition is timely filed, the OPT authorization will be automatically extended from its expiration date to September 30^th. If the timely filed H-1B petition is approved, H-1B status will become valid on October 1^st or the approval date, whichever is later.

Subsequent Rounds of Selection

From previous years, we have seen multiple rounds of H-1B Cap lottery selections. For FY 2022, USCIS performed three rounds of random selections and for FY 2021, USCIS performed two rounds of random selections. Although USCIS has not released any official announcements on additional selections for FY 2023, past trends have opened the possibility of such for this year as well.

If you have been selected, Meng Law Group PC can help with the preparation and filing of your H-1B petition. With our strong record and experiences of obtaining successful H-1B results, we will provide assistance through each step of the filing process. If you have any questions, please feel free to email our office at info@menglawgrp.com or call us at 626-339-9363.