USCIS on the First Filing Date for FY2008 H1B Cases
Posted Mar 02, 2007
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In a January 8, 2007 teleconference with the American Immigration Lawyers Association (AILA), the USCIS provided some clarification regarding the first official filing date for the 2008 H1B cap season. There has been some confusion this year because the first filing day, April 1, 2007, falls on a Sunday. The USCIS is not open on weekends. The guidance indicates that cases filed on Saturday, March 31, 2007, will be receipted in and treated as if they were filed on April 2, 2007. Anything filed earlier with an October 1, 2007 start date will be rejected. So the word to the wise is: Don't file even a day too early!
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As regular readers of MurthyDotCom and the MurthyBulletin know, H1B cases can be filed six months in advance of their requested start dates. Those cases requesting October 1, 2007 as their start date would normally be filed as early as April 1, 2007. With H1B cap numbers limited so severely, many are anxious to make sure that their filings arrive at the USCIS on the first permissible filing day. There was some uncertainty, however, as to whether it would be better to schedule the cases for delivery on Monday, April 2nd this year, or over the immediately preceding weekend.
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USCIS Suggests March 31, 2007 as Acceptable
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The first business day on which USCIS will accept a Fiscal Year (FY) 2008 H1B petition and issue a receipt notice is Monday, April 2, 2007. The USCIS guidance stated that cases delivered on Saturday, March 31, 2007 will most likely be receipted in for Monday April 2nd, since their offices are closed on Saturdays. Thus, it seems that it is safe to time delivery so that filings reach the USCIS over the final weekend of March or, possibly safer, for Monday, April 2, 2007. There does not appear to be a particular advantage to weekend delivery.
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Do Not File Too Early
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The Vermont Service Center (VSC) noted that it will reject H1B petitions requesting an October 1, 2007 start date if they are received on Friday, March 30, 2007. Thus, March 31st is acceptable since those cases will be issued receipts with the date of April 2, 2007; while March 30 is not acceptable for filing H1B cases under the FY2008 cap.
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VSC Likely to Process all H1B Cap Cases
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As of now, it is anticipated that all H1B cap-subject cases will be filed with the VSC. The USCIS will issue further guidance on this matter as the end of March 2007 approaches.
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Timing is Critical
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We at the Murthy Law Firm would like to reiterate the importance of filing all H1B petitions subject to the cap as early as possible to increase one's chance of securing an H1B visa number for FY2008. Based on the expected demand for the limited H1B numbers, it is widely anticipated that the H1B cap will be reached very soon after the filings begin.