After the H-1B Cap petition is filed, it can be confusing to determine what happens next. Here's a general overview of what happens after your petition is filed and received by USCIS:
- USCIS will conduct an initial review on the received Cap petitions to ensure there are no duplicate or multiple petitions filed for one individual. They'll place a label with a unique identifier on each petition.
- If more than 20,000 petitions are received for the advanced degree quota, the petitions will go through a computer-generated selection process. 20,000 advanced degree petitions will be selected. Those that are not selected will be transferred to the regular cap pool for selection.
- If there are more than 65,000 petitions in the regular quota, then the petitions will also go through a computer-generated selection process. 6,800 spots are reserved for citizens of Singapore and Chile.
- After a few weeks, receipts will be issued out for petitions selected in the lottery. Those selected in the lottery will be notified as receipts come in.
- Rejection notices are either sent out at the same time or after the receipt notices have been issued. The rejection notice will be returned with the original filed petition and filing checks. Those not selected in the lottery will be notified as rejection notices are received.
- USCIS starts adjudicating H-1B Cap petitions. Please note that the adjudication process can take several months. You can view processing times here, but please note that these times are not always accurate.
Timeline of dates & milestones for H-1B Cap FY2017:
**Special note for H-1B Cap cases filed for FY2018**
Because USCIS is suspending premium processing on all H-1B petitions, we expect that all receipts will be issued out around the same time. USCIS has not released any timelines yet but we expect receipts to start trickling in sometime in May. Please visit our blog for updates. We will also email you as soon as USCIS provides us with some updates.
If you have any questions, please feel free to reach out to us at support@bridge.legal.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.
