The H-1B cap filing date will behere before you know it.  New H-1Bs aresubject to the H-1B cap and must be filed on April 2-6, 2018, for a start dateof October 1, 2018.  The USCIS treats allH-1Bs that are filed April 2-6 as if they were filed on the first day of H-1Bseason.
The H-1B cap will surely beoversubscribed next year. When the H-1B cap is oversubscribed, the USCIS holdsan H-1B lottery, which is what they did this past April.  In April 2017, 42% of H-1Bs that were filed onApril 1 “won” the H-1B lottery and 58% lost the H-1B lottery. 
This year we are expecting thatfewer H-1Bs will be filed than in 2017.  Itwould not surprise us if the H-1B lottery winners exceed the number of H-1Blottery losers.
A variety of types of case are subjectto H-1B cap:
  • International students working onan EAD card under an OPT or CPT program after havingattended a U.S. school;
  • International employees working ona TN may need an H-1B filed for them in order for them to pursue a permanentresidency (green card) case;
  • Prospective international employeesin another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exemptorganization; and
  • Prospective international employeescurrently living abroad.

These types of case are not subjectto H-1B cap:
  • H-1Bamendments/extensions/transfers
  • When the employee has been in H-1B status for less than 6 years
  • Trade Visas(H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico
  • Institution ofhigher education (or its affiliated or related nonprofit entities), a nonprofitresearch organization, or a government research organization.
Please contact us if you have any questionsor are looking for representation in filing H-1B cap petitions.