USCIS Completes H1B Cap Petition Returns

The fiscal year 2017 (FY17) H1B cap season continues to wind down. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the latest stage, the return of all H1B petitions that were not selected in the lottery, was completed on July 8, 2016. Given the time required for mail delivery, the USCIS believes that all H1B applicants should have either an H1B receipt notice or a returned petition by July 22, 2016.

Returned H1B Packages

As explained in the MurthyDotCom NewsBrief, USCIS Returning H1B Cap Petitions Not Selected in Lottery (14.Jun.2016), rejected cases are returned to the petitioner or attorney of record with all documents, including filing fee checks. Rejected cases are those that were not selected for processing and, thus, were not considered or reviewed. The Murthy Law Firm first began receiving H1B packages not selected in the lottery on June 13, 2016. The USCIS announced completion of H1B cap filing returns as of July 8, 2016.

Make Alternative Plans if H1B Petition is Not Selected

By now, the receipt of rejected H1B petitions should come as little surprise to those who did not receive receipt notices. Foreign nationals who were hoping to be selected in the H1B lottery need to consider alternative options. In particular, students who are potentially eligible for STEM OPT extensions need to be mindful of deadlines and new requirements.

Conclusion

The receipt of a returned H1B package is always a disappointment. The attorneys at the Murthy Law Firm are available to help and discuss potential options and U.S. immigration law requirements for compliance with anyone who, unfortunately, was not selected in this year’s H1B lottery.

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