August 1st has come and gone, and fall is fast approaching. Many H-1B cap beneficiaries and their employers are still anxiously awaiting good news (i.e. approvals) on their H-1B cap petition. We certainly understand everyone’s anxiety and their eagerness to know the update on their case so they can plan their lives accordingly. Here’s where we stand as of August 7th:
USCIS has confirmed that they have finished returning the petitions that were not selected in the H-1B lottery. That means that at this point you should have an H-1B approval, an H-1B receipt notice, or news that your petition was not selected in the H-1B lottery this year.
Unfortunately there is no guarantee that USCIS will adjudicate all H-1B petitions before October 1. In years past we have received H-1B approvals beyond the October 1 start date (especially where we received an RFE for the case). USCIS prioritizes “student” cases where the student is working pursuant to the cap gap authorization, which will end 9/30/2017. However, even in those cases, there is simply no guarantee that USCIS will adjudicate the case before October 1.
If your H-1B petition is still pending at this point, it simply means that USCIS has not gotten to your case yet. It does not necessarily mean that you will or will not receive a request for evidence.
If you (or your employee) are working in the US pursuant to the cap gap provision, you’ll want to take note of the following points:
The Sumner Immigration Law team is working hard to respond to RFEs quickly, and to keep our H-1B clients, employers and employees alike, updated on information related to their cases as soon as it comes in. We look forward to continuing to assist you!
If you need assistance filing an employment-based or family-based immigration filing, please contact our office at firstname.lastname@example.org or at 804-396-3412. We are happy to help!