Expect Delays in Processing H-1B Cap Petitions for FY 2021

Expect Delays in Processing H-1B Cap Petitions for FY 2021

As an unintended consequence of Covid-19, USCIS will begin processing data entry and receipt notices for H-1B cap petitions on May 1, 2020. Once USCIS begins data entry, they will complete the process in the order in which USCIS received the H-1B petitions at the respective service centers.

Individuals who filed cap-gap petitions, for example those whose F-1 status is ending and need to fill the gap between their end date and the beginning date of their H-1B status on October 1, 2020, USCIS is cognizant of their dilemma and will strive to process these cap-gap petitions as quickly as possible. Once receipted, cap-gap petitioners automatically get their F-1 status extended until September 30, 2020.

Petitions will be stamped received on the date they arrive at the service center and will retain the receipt date that corresponds with the date the petition is received at the service center. There will be a delay in the overall processing of H-1B petitions this FY 2021. Please keep in mind that all petitioners must file their H-1B cap-subject petitions by June 30, 2020, regardless of the delay just described above.

USCIS requests that all petitioners wait to inquire about the status of their cap-subject petitions until after they receive their receipt notice. In order to help with the workload, some H-1B cap-subject petitions will be transferred among the four service centers: Vermont, California, Nebraska, and Texas. Make sure you still file your FY 2021 H-1B cap-subject petition at the service center named in your selection notice. If your case is transferred, you will get a notification by mail, and going forward, you will submit any and all future correspondence to the new service center. For more information, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.

Sevahn Merian

Associate Attorney, Immigration Law Department

The Law Offices of Joumana Kayrouz, PLLC

phone: (248) 557-3645 fax: (248) 200-0645

email: smerian@joumanakayrouz.com

1000 Town Center, Suite 800 Southfield, MI 48075

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