Many inquiries regarding the projected timeline for fiscal year (FY) 2015 H1B cap case milestones continue to reach the Murthy Law Firm. While most applicants are aware that they can begin filing H1B cap-subject cases on the first business day in April each year, there is less clarity about the timeframes for other aspects of the H1B cap season. Based on the schedule of events in FY14, it is possible to make some informed projections as to an approximate timeline for similar aspects of the FY15 cap season.
Cases Filed the First Five Business Days of April Treated Identically
Cap-subject H1B cases can be filed, at the earliest, during the first five business days in April. For FY15, this means that the U.S. Citizenship and Immigration Services (USCIS) will treat cases filed from April 1, 2014 through April 7, 2014 identically. If the number of cases filed through April 7th exceeds the allowable annual H1B limit, or cap, then the USCIS will stop accepting cap-subject cases. A random lottery then will be held to determine which cases will be accepted for continued processing. For purposes of the lottery, cases filed requesting premium processing have no better or worse chance of being selected than cases filed requesting regular processing.
If there are enough cases to exceed both the regular H1B cap and the advanced-degree (commonly, "master's") cap, during the first five days of filing, the USCIS will conduct two lotteries. The first lottery will consist of cases filed against the master's cap. Cases not selected in that lottery will be shifted into the general pool for the regular cap lottery. This two-stage lottery was necessary during the FY14 cap.
When We Learn if the Cap Has Been Reached
Over time, USCIS tracking and tallying of H1B cap filings has greatly improved. Regular updates are provided, and, naturally, this information is reported and explained on MurthyDotCom in a timely fashion. In FY14, the USCIS confirmed the need for a lottery on April 5th, the last day in the initial filing period. By April 7th, both the master's cap and regular cap case lotteries had been conducted.
When and How We Learn if a Case Has Been Accepted
Waiting to find out whether or not a case is accepted into the lottery can be an uncertain and very tense period. The earliest notifications in FY14 were premium-processing eMail receipts, which arrived on April 9, 2013. Even though the USCIS officially suspended premium processing timeframe guarantees for cap cases between April 1st and April 15th, some of the premium-processing cases, nonetheless, were acted upon promptly. The Murthy Law Firm even saw some cases approved by April 15,2013, for the last fiscal year.
By April 23, 2013, the Murthy Law Firm had received eMail receipts for the remaining cases filed under premium processing, as well as additional approval notices. Also by that time, hard copy receipt notices for H1B cases filed under standard, non-premium processing had begun to come in gradually. These receipts continued to arrive throughout April and into May.
Cases Not Selected in Lottery
In FY14, the USCIS began returning cases that had not been selected in the lottery on May 6, 2013. The packets containing these filings started to arrive via regular mail a few days later. Such cases are returned to their respective petitioner or the petitioner's representative of record.
Other Action
The final action on all cap cases can take several months or longer. In FY14, while most cases were processed through to a decision within the standard H1B timeline, reports surfaced of some cases still awaiting decision as of September 2013. The USCIS can and does issue requests for evidence (RFEs) as well on many H1B cap cases. Petitioning employers and sponsored employees must be prepared for this possibility.
Conclusion
For those participating in the FY15 H1B cap season, it is important to keep up-to-date with timely cap developments, so that both employee and employer can plan how to proceed. Those who are interested in learning the latest developments throughout this cap season, as well as related immigration law information, are encouraged to subscribe to the MurthyBulletin and check MurthyDotCom for regular updates.
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