USCIS Says Three Cap-Subject H1Bs Were Approved in Error
Posted Jul 14, 2006
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The U.S. Citizenship and Immigration Services (USCIS) announced on July 10, 2006, that they approved three H1B cap subject cases in error. The three cases were filed on May 26, 2006, the last day that H1B cap numbers were available. As regular readers of MurthyDotCom and the MurthyBulletin are aware, there were not enough H1B cap numbers for all cases filed on May 26, 2006. The USCIS, therefore, conducted a random lottery to determine which cases would receive the limited H1B cap numbers available under the FY2007 H1B quota. Those H1Bs that were not selected were supposed to be rejected. More information on this lottery can be found in our June 30, 2006, MurthyBulletin article May 26, 2006 H-1 Cap Cases Still Unresolved, available on MurthyDotCom.
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Something went wrong, however, and three H1B cap subject cases were already approved by the USCIS in error, when they should have been rejected for lack of H1B cap numbers. Given the quick approval, it may be that these were premium processing cases. The USCIS will inform the petitioning employers by letter of the problem. The USCIS will then reopen the three cases, on its own motion, for the purpose of revoking these H1B approvals. This should occur within a few days.
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The USCIS confirmed that the government processing fees for these cases will be refunded, but the documents filed in connection with these three H1B petitions and exhibits will be retained by the USCIS. The USCIS will conduct a review at the end of the fiscal year to determine whether H1B cap numbers still remain available for allocation against this year's H1B quota that can be applied to these three cases.