Final H1B Cap Update for FY15

On Monday, June 2, 2014, the Murthy Law Firm received our first batch of returned H1B filings for cases that were not selected in this year’s H1B lottery. More than two weeks have passed since our firm last received any new receipt notices for H1B cap cases selected in the fiscal year 2015 (FY15) lottery.  While there is no absolute certainty for those who do not have receipts or returned packages, it is unlikely that an applicant who has not yet obtained a receipt notice will be working in cap-subject H1B status this coming October.

Murthy Law Firm Experience: Parallel Case Processing

The USCIS has been actively processing H1B cap cases in parallel with the issuance of receipt notices and the return of rejected packets. The Murthy Law Firm began seeing the results of this adjudications activity shortly after the lottery was held on April 10, 2014. Many of the cases filed by the firm using the premium processing option have been approved.  Murthy Law Firm attorneys have also received a significant number of approval notices for cases filed using standard processing. Of course, since the USCIS issues Requests for Evidence (RFEs) almost routinely in certain types of cases, we also have cases awaiting decision following issuance of RFEs, also.

As mentioned, above, the first batch of returned H1B packages for cases not selected in the lottery was received at the firm on June 2nd. These cases are returned intact, including return of the filing fee checks (not cashed). While this result is disappointing, it is, inevitable when the H1B cap limits are so far below the demand for such workers.

Conclusion

The outcome of the H1B random lottery soon should become clear for all applicants. For those who were not selected, there may be some difficult choices to make. Attorneys at the Murthy Law Firm are available to provide guidance on options and strategies both for those whose cases were selected in the lottery and for those whose filings unfortunately were not picked.

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