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USCIS Discusses H-1B Cap Petition Receipt Timing


At a conference Friday, USCIS announced further details on the process for issuing receipts as confirmation that H-1B cap-subject petitions have been selected for further processing.

Due to the high number of H-1B petitions received by USCIS, a random computer selection process was conducted on April 7, 2013 for all cap-subject petitions submitted for FY 2014 and received between April 1 and 5, 2013.

According to USCIS, data entry for H-1B cap-subject cases filed via premium processing has already begun, and should be completed by today, April 15, 2013.  Receipts have begun to be issued for these applications as well.  Adjudication of these premium processing cases will begin on the same day, and should be completed within the required fifteen (15) days.

In the meantime, data entry for non-premium processing H-1B cases is slated to begin on April 16, 2013, and may proceed until late April or early May.  USCIS has cautioned stakeholders that it may not issue receipt notices until May, following the completion of all necessary data entry.  Cases which are not selected for the lottery, or rejected, may not receive rejection notices until June.  Petitioners retain the option to convert any non-premium processing case to a premium process case; however, a request to convert the case can only be made after its receipt notice is issued.

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