Is there a Cap for F1 to H1 Visa change?

[Renuka Pandey]

I am on F1 Student Visa, Now H1 Visa are selected through lottery system, H1 Visa cap is 85,000.

65000 ( All + Students) + 20,000 (additional only for students who have done higher studies from US)

This year in 2013, from '1st April to 5th April', there were total 1,20,000 applications filed , and there was a lottery done to select 85000.

Once we are on OPT, Our H1 sponsorship will be filed through some consultant or directly through company.
1. lets say our name doesn't get selected in this Lottery. Then what happens?
2. Will we have to wait for next year for H1 lottery?
3. Any idea out of 1,20,000 applicants in 2013, how many were students?

OR

4. It happens like companies ( lets say IBM) files 300 H1 on 1st April without having actual applicant names.
and later when students join them on CPT, they give us H1 sponsorship from the already approved quota?

Look forward for response.

Thanks,
Renuka.

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[DesiOPT-FaceBook-Fan]

Thanks everyone and OPT group. This is so useful, I got admit in Santa Clara University and will be joining their MS- Software Engineering program in Fall'13 session. I am asking this question before joining the program. Not sure if students who apply for H1 are more than 20,000 or the students applications doesn't reach the cap? for eg in 2013 what was the case.

[DesiOPT-FaceBook-Fan]

They don't categories H1 with students and non students. Total H1B is 85K out of which 20K is exclusively for people with advanced degree (which includes some MS degrees and Phd degrees). Your degree will come in advance degree. In 2013, first the lottery for advance degree candidates were drawn, whoever were not selected their application was again put in common category and 65K were drawn. If someone is not selected in either of category then they may work till their OPT is valid and then can either return or change their status to F1 again by joining univ again. Companies like IBM will already have the list of candidates they are willing to sponser H1. While applying they will use actual name and not dummy name. They cannot use someone's H1 and give it to you if you are selected in their company later.Thats not possible.

[DesiOPT-FaceBook-Fan]

1. If your name isnt selected, you have to work on an OPT and then on extension till your H1B is approved. If it doesn't come in next year lottery, or doesn't get approved next year, then you will have to leave the country or change your visa status to stay here (e.g. F1 again)

[DesiOPT-FaceBook-Fan]

2. See reply to 1 above; (4) Dont think companies get approvals without applicant names. H1Bs are not alloted in bulk.

[DesiOPT-FaceBook-Fan]

20K are exclusively for students who have advanced degree, not only STEM!!