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Corstange Law Group

Immigration for Startups

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2023 H1B Lottery FAQs

Can you handle H1B lottery registration for us?
Of course! Check out this page for a description of our three 2021 H1B registration packages.
I registered my employee for the lottery myself and she was selected. Can you prepare her H1B application?
Probably! While we will prioritize filings for which we handled the registration, we will accept cases for which we did not handle the registration on a rolling basis as long as we have capacity. Get in touch to see what our current avaiability is.

Do I have to have an employer to enter the H1B lottery?
Yes. Employees cannot enter themselves into the lottery. You must have a prosepctive employer willing make a lottery entry on your behalf.

Can an employee be entered the lottery more than once?
Maybe. A single company can make only one entry per employee, but there is no limit to the number of different companies that can enter a single employee. An employee with offers from five different companies could be entered five times–once per potential employer. Be careful in cases where there is a close relationship between two different employers, however. If USCIS determines the two companies are so closely related that there is no real difference in the different jobs offered, both applications for that employee will be canceled.

How many employees can a company enter into the lottery?
As many as you want. There is no limit to the number of employees an employer can enter into the lottery.

You can only enter each employee once, though. If you try to enter a single employee more than once, all of your entries for that employee will be canceled. Multiple employers can enter a single employee, however. See the next question for details.

My OPT is expiring. How does cap-gap work authorization work this year?
OPT hoders who have a full H1B petition filed for them before the expiration of their EAD will have their work authorization automatically extended until October 1. (If your H1B application is denied, this extension ends immediately.)

It’s important to note that the extension is activated only when the full application is filed, not when the preliminary registration is filed. Because full H1B applications can’t be filed before April 1, if your OPT expires prior to April 1, you will not be able to get the cap-gap extension. If your OPT expires in early April, you may need to start preparing your full application before you know if you’ve been selected or not in order to be ready to file in time to get the extension. (Our lottery preparation packages include a “premium” option created for OPT holders who need to be 100% ready to file in early April.)

I made it through the lottery! Yay! Does this mean my H1B has been approved?
No. Winning the lottery just means USCIS will allow you to submit an application. Once you submit the application, they will then decide to approve or deny it based on its merits.

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*Prior results do not guarantee a similar outcome. The information in this website is intended for general informational purposes only, and is not a substitute for advice about your specific case. Each immigration case is unique and should be discussed in detail with an immigration attorney. This website constitutes attorney advertising.