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Would USCIS Consider Post Mark Date for H1B Visa Application Package?

Raghuram Sukumar —  June 13, 2012 — Leave a comment

Question from Nikhil

I am Masters student, my petition reached morning of June 12th, (according to UPS tracking).

I am wondering if USCIS considers the post mark date which is June 11th on my application (i mean, UPS picked up the application on June 11th)

Do you think USCIS will consider post mark date as application, like IRS does when we send our tax forms.

 

Post Mark Date for H1B?

Questions And Answers

USCIS published the following update to clarify some of your questions about Post Mark date and receipt date for Regular and Masters Cap.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on June 12, 2012 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013.

As of June 7, 2012, USCIS already received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2013 H-1B cap.  As such, USCIS will continue to accept and process these petitions to:

  • extend the amount of time a current H-1B worker may remain in the U.S.;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; and
  • allow current H-1B workers to work concurrently in a second H-1B position.

H1B Visa 2013 Cap Count Tracker + Graph

 

Raghuram Sukumar

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Raghu is the founder/developer of Happy Schools Blog. You can learn more about him here and connect with him at Google +.

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