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H1B Lottery Done
USCIS completed its lottery.
Well, they done did it. USCIS completed a lottery to select which H1B visa petitions will be considered this year. This year there was no prior indication that a lottery would be conducted, as there had in previous years. We simply received the announcement this afternoon that it was done. Hopefully our office’s petitions will be selected. Here's the announcement if you'd like to read it. USCIS Completes H1B Cap Random Selection Process for FY19.
More later, but in honor of the lottery announcement, here's a song:
Today the USCIS finally announced a much anticipated rule regarding next year's H1B visa (specialty occupation worker) application process. At the moment, a computer-aided lottery is required to simply choose which applications may go forward for simple consideration. This is because the law requires an annual cap on new H1B visas to be issued every year, about 65,000. Recently, American companies have submitted about 3 to 4 times that number for their potential foreign employees, resulting in some sort of system to pick which applications to even consider. H1B applications are complicated, requiring multiple steps to even assemble an application to submit to the government. Also, the fees are quite high, several thousand dollars for small companies and even more for the larger ones. For a basic run down on the H1B visa, read my previous run down: H1B Visas Explained.
So then why go through all the rigamarole to interview an employee in January or February, offer them a job…
It was expected. Today the USCIS officially announced that, starting next H1B season, not this H1B season, there will be a pre-selection sign up instead of the traditional post-April 1 application submission lottery. In addition, it announced a major shift in how Masters Degree candidates are selected, by giving priority to masters cap applications after the lottery’s conducted, as opposed to selecting them in their own lottery process. Mathematically, this is tantamount to giving an approval edge to applications with masters degree candidates. Here is our prior discussion on the pros and cons of this pre-selection process: Pros and Cons of H1B Pre-Registration Here is the announcement: H1B Pre-Selection Proces Announcement. Also, here's the hit song from Kim Wilde in honor of H1B Pre-selection's final arrival:
I just got back EAD card yesterday for my Post Completion OPT and within 90 days, if I don't get a job, then I'll be deported. My boyfriend is a US citizen and we are planning to get married. I was wondering if I can still stay in the country if we get married since I'm not sure if I have to leave after 90 days if I can't find a job. How does this work? Can I still stay in the US and also can I work as well?
In the past there was little chance for deportation for such a simple violation. However recent memos from the administration have threatened issuance of a Notice to Appear (NTA) in a Removal proceeding for even OPT and other student visa violations.
Please note, it shouldn’t be difficult to fulfill the 90-day job requirement, because unpaid internships and even self-employment count, as long as all other requirements are also met.
To your question of a marriage green card, you would simplify your status issues …