What if H-1B Cap Reached on the First Day?

H-1B application can be filed as early as April 1, 2007. April 1 is a Sunday this year. Therefore, some attorneys suggest clients file the case delivered on Saturday, March 31st. However, USCIS has stated that there is no advantage to submitting a petition for delivery on Saturday, March 31st, as all petitions delivered on Saturday will be processed on Monday, April 2nd. Moreover, if a sufficient number of petitions to exhaust the quota is received on the first day, the USCIS will apply the "random selection" lottery to petitions received on the first and second days. In other words, if H-1B cap is reached on April 2, applications received on April 2 and 3 will be pooled together and enter a “random selection” process.

Some people have in the past reported problems with Saturday deliveries by some courier services, so you need to use your best judgment as to whether to schedule for a Saturday or a Monday delivery.

Please make sure your application won’t be delivered on Friday, March 30, as it will be rejected.

(03/22/2007)

Refer this page to a friend

Adjustment of Status | Adoption | Advance Parole | Application Fees | Asylum & Removal | Business Entities | Corporate Clients | Consular Processing | Divorce | E-1 & E-2 | EAD | F-1 | Family Immigration | FAQs | Forms | Investor Visa | Immigration Glossary |
K Visa | L Visa | Marriage | Naturalization | Non-immigrant Visas | O-1 | Processing Time | Road to Green Card | TN | Visa Bulletin