
Questions and Answers :
H-1B Petition Filings During Cap Season
By: Allen E. Kaye
Question 1. Will the California Service Center and Vermont
Service Center be accepting deliveries from courier services
(e.g., DHL, FedEx, UPS, other approved couriers, etc.) throughout
the day on April 1 though April 7?
Answer: Yes. USCIS will accept deliveries through close
of business from April 1-7, 2008, based on the recent press
release. Close of business means 5:00 pm local time at the
location of the Service Center. However, on the last day
(April 7, 2008), USCIS will accept deliveries from couriers
until 7 pm local time.
Question 2. During what hours will
California Service Center and Vermont Service Center be
accepting deliveries from courier services (e.g., DHL, FedEx,
UPS, other approved couriers, etc.) on April 1 through April
7?
Answer: USCIS will accept deliveries from 6 am through 5
pm, local time. However, on the last day (April 7, 2008),
USCIS will accept deliveries from couriers until 7 pm, local
time.
Question 3. How will USCIS handle
petitions filed via U.S. Postal Service (USPS)? If a petition
is delivered to the P.O. Box designated by the USCIS on
April 1 through April 7, will USCIS treat those petitions
as timely filed and include them in the random selection
process?
Answer: USCIS does not consider the package received or
timely filed until it is actually on-site at the Service
Center. The service centers pick up correspondence delivered
to the P.O. Box at one or more scheduled times during the
day. Therefore, while customers may file applications by
USPS at the P.O. Box, delivery to that P.O. Box does not
ensure that the filing will be picked up by the USCIS the
same day it is placed in the P.O. Box by the USPS, and thus,
will not be considered timely filed.
Question 4. Will the California Service
Center and the Vermont Service Center accept as timely filed
a cap-subject H-1B petition that is aboard a delivery truck
and in line for delivery prior to the time that the Service
Centers stop accepting deliveries.
Answer: If at 7 pm on April 7, 2008 there are still trucks
attempting to deliver packages, the Service Centers will
work out a process to get those packages into the system.
Question 5. What are the accepted methods of delivery of
petition packages to the Service Centers?
Answer: Due to security concerns packages are only accepted
using the specific delivery methods noted below. Attempted
delivery by any other method will result in rejection of
the petition package. The following delivery methods are
acceptable:
-
United States Postal Service
-
Private Couriers that are bonded (e.g.
DHL, Federal Express, United Parcel Service.)
Common mistakes are packages that filed using the following
methods:
-
Hand delivered to the Service Center
-
Sent via taxi cab to the Service Center
-
Sent via private courier that is not
bonded
Question 6. What to Expect from the
H-1B Interim Final Rule?
Answer: DHS/USCIS announced on a conference call on 3/19/08
that it has transmitted to the Federal Register an interim
rule regarding H-1B filing that would:
-
Change from 2 days to 5 days the period
of time during which cap-subject H-1Bs can be received
to be included in any "lottery" that would occur
if, as expected, the number of petitions exceeds the quota.
-
Prohibit multiple filings from the same
employer for the same employee, even if the filings are
for different jobs. The one exception would be that related
employers could file separate petitions for the same employee.
-
Result in the denial or revocation (without
refund of fees) of any petition found to have been a multiple
filing.
-
Change the lottery system so that the
20,000 U.S. advanced degree cap cases are selected first.
If any advanced degree cases are left after that process,
they would go into the overall 65,000 pool.
-
State that no refunds will be made on
cases where someone incorrectly claims a cap exemption.
USCIS also indicated that it will continue to accept letters
from authorized officials of schools indicating that a student
has completed the requirements for a degree (i.e., all papers,
exams, etc.) and is merely awaiting official conferral of
the degree.
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