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Thread: Blogging: USCIS May Take Until June to Notify H-1B Cap Winners and Losers by Chris Mu

  1. #1

    Blogging: USCIS May Take Until June to Notify H-1B Cap Winners and Losers by Chris Mu



    Bloggings on Nurse and Allied Health Immigration




    Chris Musillo






    USCIS MAY TAKE UNTIL JUNE TO NOTIFY H-1B CAP WINNERS AND LOSERS








    The USCIS has begun processing the 124,000 timely-field
    H-1B cap-subject petitions
    .* *Because the H-1B category was oversubscribed,
    the USCIS will be returning approximately 15,000-20,000 H-1B petitions, after accounting
    for improperly filed and/or denied H-1B petitions.*





    Between April 1-5 the USCIS registered each timely-field
    H-1B case into their system.* Each
    timely-filed H-1B cap-subject petition was given a filing number.* Once all 124,000 petitions were registered
    into the system, the USCIS randomly chose 85,000 winning petitions.* This “H-1B lottery” was held about 10 days
    ago.





    The USCIS now has started processing winning premium processing
    petitions.* Contrary to incorrect
    internet rumors, this does not mean that premium processing petitions
    were given any benefit in the lottery.* The
    USCIS has confirmed on multiple occasions that non-premium petitions had the
    exact same chance of winning the H-1B lottery.





    Processing of winning petitions consists of confirming
    proper filing fee payment and data entry of H-1B petitions onto USCIS internal
    computer system.* Once the H-1B petition
    is processed, Premium Processing adjudicators begin to assess the approvability
    of the petition.*


    MU Law has had several H-1B premium processing petitions
    already approved.* We have also received
    a few premium processing RFEs.






    Data entry of non-premium processing petitions will not be
    complete until at least May and perhaps June.*
    Rejection notices for petitions not selected in the lottery will be sent
    out after the data entry for winning petitions has been completed.* AILA points out that when the cap was reached
    on the first day in 2008, USCIS
    did not complete data entry and issue receipt notices
    until late in May
    2008.



    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at*www.musillo.com*or*www.ilw.com. *You can also*visit us on*Facebook*and follow us on*Twitter.









    About The Author




    Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.






    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.

  2. #2
    rvedhamurthy
    Guest

    should the premium petitioners also wait till may/june to know if they won the lotter

    should the premium petitioners also wait till may/june to know if they won the lottery?

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