Bloggings on Immigration Law

by Roger Algase

Bloggings: Some Unoffical and Preliminary Information from FedEx About H-1B Cap Petitions Received So Far and a Reflection About This Years April 1 Madness. By Roger Algase

Since April 1 is April Fool's Day, I suppose that I should not have been too surprised when two of the FY 2014 H-1B cap petitions that I had been frantically preparing day and night over the past three weeks, and had sent out for "guaranteed" April 1 delivery by FedEx this past weekend, did not in fact arrive at the Vermont Service Center that day, but were held up in the Memphis TN hub FedEx office because of heavy volume at the FedEx location which serves the VSC.

As of this writing early Tuesday morning, April 2, USCIS has not yet, to the best of my knowledge, released any figures about how many H-1B cap petitions were received on April 1, but a FedEx representative looking into my two undelivered packages told me that 23,000 packages came in the two VSC locations handling H-1B cap cases (including both regular filing and premium processing addresses). 

This figure may or may not shed any light on how many the cap may be reached or whether a lottery will be triggered, but based on this heavy volume at only one of the two service centers handling H-1B cases, with possibly thousands of other cap cases waiting in the wings enroute from Memphis Tuesday morning (including my two delayed packeges, as I have finally been advised), It would be a reasonable assumption that the H-1B cap may be reached this week and a lottery may be triggered.

Is this any way for an "advanced" country to do business?

About The Author

Roger Algase is a graduate of Harvard College and Harvard Law School. He has been practicing business immigration law in New York City for more than 20 years.

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