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March 27, 2008 by Bradley Maged.
March Madness is almost over and cap-subject H-1B petitions will need to be in the hands of the USCIS within the next week. The USCIS has released Questions and Answers #1: H-1B Petition Mailing During Cap Season.
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March 27, 2008 by Bradley Maged.
The following is not legal advice. Please consult a ualified immigration lawyer for advice on your partiular legal matter.
The H-1B cap for FY 2009 is once again expected to be exhausted by the end of next week. Petitions for cap-subject H-1Bs will be accepted as of April 1, 2008. I suggest overnighting petitions so that they are received by the appropriate Service Center on that day. If you are filing a petition, it is imperative to make sure that there are no errors that would cause the petition to be denied or rejected after being selected due to an avoidable error. Double-check the following before filing:
1. Is the USCIS address to which the petition is being sent correct? There are PO Boxes for regular mail and Street addresses for acceptable courrier deliveries.
2. Has the H-1B Data Collection Supplement been properly completed to ensure that organizations or beneficiaries that are cap-exempt or subject to the US Masters Cap be counted as such?
3. Are the filing fees correct? Remember the training fee and anti-fraud fee must be included in addition to the filing fee for most petitions. Including separate checks for each fee rather than one check for the total amount may be a good idea because if one of the checks s not required, the USCIS may (or may not) simply return the unnecessary check rather than reject the entire petition.
Of course, the underlying petition should be for a Specialty Occupation position for which the beneficiary is qualified. Other than that, get it in on time, cross your fingers, don’t step under a ladder and hope for the best.
It is surreal that our immigration system has become a lottery for skilled workers that US organizations would like to hire legally. What a mess!
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