USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008 & AILA UPDATE
AILA: Was the master's cap random lottery, for cases received on 4/30/07, already conducted? We are getting questions from members whose cases were received on 4/30/07 and who received receipt notices dated 5/2/07. Does that mean they made the lottery, or, is this going to be handled like the regular lottery in that receipts between 5/1/07 and the day of the lottery are just informational? Members are also reporting receiving approvals (under premium processing) for cases filed on 4/30/07 so we would like to confirm that they are valid.
SCOPS: Yes, the random number generator (RNG) has been run for H-1B Master's cap-exempt cases received on 4/30/07. Only cases received on 04/30/07, the final cut-off date for this particular grouping, were subject to the RNG. These cases have been subsequently sent to the "floor" for adjudication and as you note, some have already been approved with notices sent to the appropriate parties. These are legitimate approvals. Cases received on 5/1/07 or later will be rejected and fees will be returned. If a case was received on 5/01/07 or later and was data entered, it will be rejected as well and the fee will be refunded to the petitioner or his or her attorney of record.
By May 11th, everybody should be aware of their case status. Is this correct? I have not heard anything yet.
-----
By May 11 the USCIS will have adjudicated the cases; they still have to be mailed out.
- Ashwin
Reply to this
I applied for H1B under Master's quota. My employer has said that my packet was received on 2nd April itself. However, I am yet to receive the receipt number. My employer says they haven't received it. They are saying that they haven't received it in returned cases so I will be considered.
Today is 15th May and still no receipt number for Master's quota case.
Please suggest.
-----
Please check our newest articles; USCIS has indicated that it will take them additional time to process cases; perhaps your case is one of these.
- Ashwin
Reply to this
I have not received any response yet for my H1B application. Can we still expect any positive response
-----
USCIS is still processing these cases; read our newest articles for more information
- Ashwin
Reply to this
I applied for H1B on April 2nd 2007(Masters Quota)...still I havent recieved my receipt #...does that mean my application was mixed up with the general quota and has been rejected...please help me with some information on my situation
-----
I believe USCIS is still processing cases though they haven't issued any such statements recently. I recommend you follow up with your petitioner regularly. Again, check whether the checks submitted with your application were cashed. Though this is no guarantee that your case was properly receipted in.
- Ashwin
Reply to this
my application was returned to my lawyer since it was mixed with the regualr applications..my lawyer is sending my application back with the covering letter sayin its USCIS fault as my application has a 2nd April received date on it...will my application be considered now?...please help me with some information and any body in the same boat as I am in..thnk you
Reply to this
I received the receipt for my H1B application filed (filed on May 2, 2007)under the advanced degree cap. Although, i was told that i did not make it in time before the cap was reached, I received the receipt. Does this mean anything?
-----
I would keep an eye on the case; sometimes the USCIS issues receipts in error, they already did this with the regular quota cases in early April. I personally have received receipts for cases which were followed by generic statements indicating that the USCIS will refund the government fees due to their incorrectly receipting the case. Good luck.
- Ashwin
Reply to this
hi
By "filed" you mean it was posted to uscis that day or it reached uscis on that day.
Thanks,
Raj
Reply to this
Ashwin,
My wife's application (Advanced degree received on April 2nd by USCIS vermont center) was returned as not being selected in lottery. We checked the application and everything was correct. It was resent and we received it back again saying they were out of Advanced degree quota. I am not sure what to do. Personally, I think USCIS should fix this problem. But I am not sure how to go about it. Please advice.
-----
If everything was correct, I would have sent it back the second time with a very clear message in large font across the cover letter reading "DO NOT REJECT - FORWARD TO SUPERVISOR". But there could have been problems with the case; for example, if your wife did not receive her degree until after the Advanced Degree cut off, etc. It's impossible to say without going over the petition personally.
- Ashwin
Reply to this
Similar thing happened with my wife's application. Her employer did not file her H1 B through a lawyer and messed up the start on H1 B date... instead of stating intended employment date as October 1, 2007, the employer filed as March 1, 2007 (actual date when my wife started to work).
USCIS returned the application saying the date is wrong and resend it with corrections. When we changed the date and sent it back, they rejected the application saying Advanced Degree quota is over.
Is there still time to send them with "DO NOT REJECT-FORWARD TO SUPERVISOR" as Ashwin suggested?
Please advise, my wife's OPT expires in December and I am looking for alternate means (besides H4-last option) of legal status to keep her employment.
-----
In this particular case I don't believe you can use the "DO NOT REJECT" cover letter since the attorney made a material mistake in the petition. The USCIS has stated clearly that requesting a start date before 10/01/2007 on the I-129 form will result in a denial of the petition.
- Ashwin
Reply to this
Ashwin,
Thanks for the response. My wife received her degree in December 2006 and we applied with a copy of the diploma certificate. We have sent the application back to them again stating that it needs to be sent to a supervisor. I have also heard that it possible to apply for a writ of mandamus. Is that a legal lawsuit or is it a juducial measure to push for a correct solution? I hear that a number of students have been affected by this. Is it possible to file a class action lawsuit? Please adivce. Thanks
-----
I think it is possible, if you were to identify a class of people that were affected similarly.
- Ashwin
Reply to this
My problem is different, My h1b have been approved, and they have faxed a copy of that to my employer which even i have it. But the original petition that they were suppose to send is still not been sent, or is been misplaced by govt authority. now the case was approved on 7th aug 06, whats next/?
-----
Try a I-102 form to reissue a duplicate I-94 approval.
- Ashwin
Reply to this
I received the following email from my company saying,
"You will be pleased to know that your H1B application has been receipted-in for adjudication by USCIS. I expect to receive the actual receipt notice over the next 10 business days."
What does this adjudication really mean? Does this mean that I have got selected in the lottery and USCIS has approved my visa?
----
- This means that your case has been accepted for processing; that you made it through the lottery. The adjudication part (decision on the case) will now begin.
- Ashwin
Reply to this