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USCIS will temporarily accommodate H-1B cap subject petitions sent to wrong address

Apr 4, 2008

The USCIS has announced that it will not reject an H-1B petition that is subject to the Fiscal Year 2009 cap solely on the grounds that it was received at the wrong service center (e.g., the petition may have been inadvertently mailed to the California Service Center instead of the Vermont Service Center or vice versa). NOTE: This accommodation does not apply if the petitions were sent to the Texas Service Center or the Nebraska Service Center. USCIS is taking this limited, short-term measure to alleviate concerns from the public where an H-1B petition has been received by USCIS but at the wrong Service Center. This measure applies only to H-1B petitions subject to the FY2009 cap that are received by USCIS before the close of business on the “final receipt day”. The final receipt day will be announced once USCIS determines it has received the number of petitions needed to fill the congressionally mandated limitations of 65,000 new H-1B visas and 20,000 U.S. advanced degree exemptions per fiscal year, subject to certain exceptions. The USCIS will accept the first five days of filings starting from 4/1/2008 and if the numbers are oversubscribed they will conduct a lottery to determine who will be able to obtain an H-1B number. Meanwhile, there have been 3 legislations introduced in congress to try to increase the visa cap number.

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