14 May 2015
Category News Room
14 May 2015,

H-1B Cap update

On May 4th, USCIS reported it had completed all of its data entry for those cases accepted under the Fiscal Year 2016 Cap, and thus by now we should have received receipt notices for all cases accepted for processing.  We’ve also been monitoring our bank account and confirming when USCIS cashed checks for the cases we filed.  We have not had a new check cashed by USCIS since they made that announcement and we believe we now have all of our receipts from USCIS.

Those clients who had the misfortune of not receiving a receipt from USCIS at this time should assume that their case has not been selected in the draft and prepare accordingly.  For each individual this will mean different things – either remaining in a current status, or considering some alternative to the H-1 (such as the J-1, TN, L, O or a dependent work authorized status).  We will start to work with clients that wish to consider alternative courses of action starting this week and next.  We also anticipate that we will receive returned petitions from USCIS for those cases not accepted starting next week or the week following. The return of these cases is formal acknowledgment that a case was not accepted for processing.

For those cases accepted in the H-1 Cap we have just recently received our Premium Processing filed H-1 approvals.  We are expecting that we will start to see new H-1 approvals in the very near future and then continuously throughout the summer.  As soon as we have confirmation of a case approval we will notify the particular employee and employer, and should you have any questions or concerns about the case or timing, please feel free to email your attorney or paralegal.

H-4 EAD Filing update

USCIS recently released the updated I-765 to accommodate the H-4 EAD category. For those individuals who have already reached out to us, we will look to finalize the required forms for signature early next week so we are able to file for a May 26th receipt.  If you have questions or an interest in filing the H-4 EAD and think you might be eligible, please contact your paralegal or attorney.  Please also note that this is not a temporary grant, so individuals who do not yet meet the requirements will be able to file at a later date when their spouse becomes eligible.


** This newsletter/memo is provided for informational and discussion purposes only.  It does not act as a substitute for direct legal contact on an individual basis **

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