Possible Delays in H1B Cap Mail Processing on April 1, 2013

Although there has been no confirmation directly from the USCIS, FedEx reported some delays in delivering packages at both the California Service Center (CSC) and the Vermont Service Center (VSC) on Monday, April 1, 2013. The delays were apparently due to the volume of H1B cap case filings at both of these USCIS service centers.

CSC liaison representatives have advised the American Immigration Lawyers Association (AILA) that they accepted and processed mail throughout the day on Monday, April 1, 2013. The VSC, at the time of this writing, is yet to issue any statement. Some AILA members, however, report having received FedEx confirmation of delivery on April 2, 2013, for petitions sent to the VSC for delivery on April 1, 2013. Most attorneys would have requested delivery of H1B cap-subject filings on Monday, April 1, 2013.

As regular readers of MurthyDotCom are aware, if the H1B cap-subject quota is exhausted within the first five business days of April, all cap-subject H1B petitions filed during those five days will be submitted to a random lottery. Although some petitions may have been filed under the Premium Processing Program (PPP), as explained in our NewsBrief, Temporary Suspension of H1B Cap Premium-Processing Cases (25.Mar.2013), the PPP filing does not provide any benefit over a regular H1B cap-subject case with respect to any random lottery selection that may occur.

While some H1B petitioning employers and foreign national beneficiaries may have concerns with regard to any possible delivery delays, we at the Murthy Law Firm believe that the final likelihood of acceptance should not impact petitions filed for delivery on April 1, 2013. As explained, under current procedures, all cases received by the USCIS during the first five business days of April have an equal chance of acceptance under the fiscal year 2014 H1B cap.

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