FY2009 H1B Cap Filing Procedures and Update on Reentry Permits
Posted Apr 04, 2008
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The U.S. Citizenship and Immigration Service's (USCIS) Service Center Operations (SCOPS) office responded to questions from the American Immigration Lawyers Association (AILA) on March 19, 2008. These questions addressed H1B cap filings for the Fiscal Year 2009 (FY2009) and I-131 Reentry Permits. The first day for filing FY2009 cap-subject H1B cases was April 1, 2008.
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Procedures for USCIS to Accept Deliveries by Courier Services
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As regular MurthyDotCom and MurthyBulletin readers know, the USCIS changed a key element in the H1B selection procedures for FY2009. Essentially, the USCIS will conduct a lottery of the H1B cases filed in the first five business days of April, if the cap is reached on any of those five days. This applies to the regular cap as well as the advanced-degree allocation. More details can be found in our March 19, 2008 NewsFlash, USCIS Interim Final H1B Rule, which was posted for MurthyDotCom visitors as soon as the information was made available. In order to accommodate these filings, the USCIS service centers is accepting delivery of H1B petitions from 6:00 a.m. until the close of business each day from April 1st through April 7, 2008. Close of business normally means 5:00 p.m. local time at the location of each service center. However, on April 7, 2008, which is the fifth business day in April, USCIS will accept deliveries from courier services until 7:00 p.m. local time. Those who still have cap-subject H1B cases to file need to finalize those petitions and arrange for proper delivery by approved courier (FedEx, DHL, and UPS are approved, among others) by April 7, 2008.
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Risky to Use U.S. Postal Service for H1B Petition Delivery to P.O. Box  
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If an H1B petition is sent to an USCIS service center's post office (P.O.) box address, using U.S. Postal Service delivery, it may not be received in time to be counted against this year's cap. The USCIS stated that its service centers pick up correspondence delivered to P.O. boxes at one or more scheduled time/s each day. Filing an H1B petition in this manner does not ensure that the petition will actually be received and, therefore, considered filed before the close of business on April 7th. This is particularly vital for last minute filings.
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New Procedures for I-131 Reentry Permits
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As regular MurthyDotCom and MurthyBulletin readers read in our March 14, 2008 article, Biometrics Now Required for Reentry Permits and Refugee Travel Documents, the USCIS stated that new biometric requirements would go into effect on March 5, 2008. The USCIS has now stated that cases filed before, but not approved by March 5, 2008, will not be subject to these new requirements. The USCIS noted that it retains the discretion to request biometrics in any case it deems necessary to confirm a foreign national's identity.
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The USCIS stated that a short grace period is now in place for applications that are submitted without the new $80 biometrics fee. During this grace period, a billing notice will be sent to the applicant stating that the biometrics fee must be paid.
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One Must be in U.S. to File for Reentry Permit
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The USCIS clarified its prior press release by emphasizing that an I-131 applicant must be physically present in the U.S. to file for a reentry permit. Applications for refugee travel documents may be filed abroad and biometrics for these cases may be completed at a U.S. embassy or consulate. The USCIS continues to recommend that applications for refugee travel documents be filed while the applicant is inside the U.S. whenever possible and that applicants complete their biometrics before departing the United States.
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Conclusion
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We at the Murthy Law Firm appreciate the clarification of these time-sensitive issues regarding H1Bs and I-131 Reentry Permits provided by the USCIS and AILA. Clearly understanding and following the law, rules, and procedures for immigration petitions and applications is a vital part of filing a viable case. The standards that apply one year do not necessarily make for a proper filing the next. Be sure you receive advice from a knowledgeable attorney, who keeps up with these changes. We at the Murthy Law Firm are happy to consult with you about your case if you have doubts or concerns.