USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap-Subject Petitions

22:38 15 May in News Updates

USCIS issued the following Press Release:

May 15, 2018-  “USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.

Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail.”

What this means:

Cases selected in the lottery:

A receipt notice is evidence of selection in the lottery.  We anticipate continuing to receive the last of the receipt notices over the next several days and will notify the employee and the employer soon as we have any news. 

Cases not selected in the lottery:

USCIS will return H-1B petitions that are not selected in the lottery to counsel with the government filing fees.  We will notify impacted clients upon receipt of the returned petitions, and refund the USCIS filing fees to the employer. 

Adjudication Process

Petitions selected in the lottery will be reviewed by an officer.  If a decision to approve or deny a petition cannot be made based on the evidence initially provided, a Request for Evidence (RFE) will be issued.  Under the current administration there has been a significant increase in the issuance of RFEs. We will notify the employer as soon as we receive any further news, including whether an RFE has been issued.

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