What's Going on with H-1B Cap Receipts?

USCIS announced that they have completed entering data for H-1B cap receipts as of May 4th, 2015. Therefore, a receipt notice should have been issued for all cases that have been selected in the H-1B cap lottery.

Our office has not received rejected H-1B petitions back from USCIS. USCIS will return all H-1B petition packages that were not selected in the lottery to the attorney who filed the case (or the employer, if no attorney was involved). Just as we did for the H-1B receipt notices, we will let employers know as soon as we receive rejected H-1B packages so that they know the status of the case.

What's Next?

If your H-1B petition was selected in the lottery:

1. We will receive an approval notice (again, we are notifying employers as soon as we receive these). Our office has started receiving approval notices already for a handful of cases.

2. Alternatively, we will receive a request for evidence asking for more documentation. If you see online that an RFE was issued, please keep in mind that it takes around a week to 10 days (sometimes more) for our office to receive the RFE notice. We have no way of knowing what is requested until we receive the RFE notice itself. Once the RFE response is submitted, USCIS will approve or deny the petition.

If you are currently on OPT and are relying on cap-gap to continue working, please make sure to coordinate with your DSO at your institution to have the I-20 extended.

We will continue to keep our clients notified of developments on their particular cases as we know this is tremendously important for your professional and personal goals!

Recent blog posts

May
4
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. This is the second of a series of blog posts about traveli… Read More
Apr
21
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. We’re publishing a series of blog posts about travel… Read More
Apr
7
2021
One of the key elements of a successful PERM labor certification process is timing. There are many deadlines and timelines to track within the PERM process, and timing can make or break a PERM labor certification case. One of the strategic decisions… Read More

Read More Blog Posts

“Emily is detailed oriented Attorney who takes care of my immigration status since 2006. She is very knowledgeable and clarify all the client’s questions and take care of the business. I recommend her for all these type of attorney services. Read More"
– Sundarraj P.
“I was clueless about the Green Card process and Emily Sumner and her team, especially Nikita, were there all hours and days to help me and answered every question I had promptly. Emily and her team were extremely helpful, knowledgeable, professional,… Read More"

More Client Reviews