Immigration & Green Card Law Firm, Lawyers, Attorneys: San Franscisco Bay Area to San Jose: USCIS Picks H1B Lottery Winners - Latest Update

Tuesday, April 15, 2008

USCIS Picks H1B Lottery Winners - Latest Update

Dear Readers,

This is the latest Bulletin from USCIS on the H1b Lottery.

Of course, not all 'winners' have been chosen; our law firm has already received several emails from USCIS announcing that the Premium Processing Unit has received the file and will adjudicate the specific case within a 15 day timeframe (but this is only on cases that we specifically filed with the $1000 fee and form I-907).

Further, at least so far, it seems that USCIS - and today's emails informing us bears this out, has only chosen among those with a U.S. advanced degree; it appears that within the next month or so, all will have been notified.

Please read on (and don't hesitate to call or email me); thanks.




April 14, 2008


WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

USCIS conducted two random selections, first on petitions qualifying for the 20,000 “master’s or higher degree” (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received on the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.

For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process.

USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible.

USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition.

USCIS will send a letter to the wait list petitioners to inform them of their status USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.


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