H1-B Cap 2021 Update: Rejected H1-B Applicants Can Resubmit Applications, Says USCIS – Path2USA

USCIS simply introduced a correction on their half the place they rejected sure H1-B petitions final yr. They’re now prepared to simply accept these H1-B petitions that had been rejected just because their requested begin date was after October 1, 2020. USCIS admits that, “upon reconsideration, we not consider that the laws required us to reject or administratively shut these petitions.”

Based on the assertion issued by USCIS, such re-submission of purposes is for these whose purposes have been rejected or administratively closed solely as a result of the requested begin date was after October 1, 2020. These petitions would have based mostly on a registration submitted throughout the preliminary registration interval, however the requested begin date was after Oct. 1, 2020. 

Associated Article: New Guidelines For The H1-B Lottery Cap FY 2021

Yearly there are 85,000 H1-B non-immigrant visas allotted. Off these, 20,000 are reserved for these candidates who’ve a sophisticated diploma from a US school or college.

Sarcastically, knowledge for all non-immigrant petitions launched by the company final yr indicated that for fiscal yr 2021, the overall variety of petitions filed throughout the preliminary submitting interval was beneath the overall quota required to achieve the numerical allocations.

In consequence, in August 2020, they needed to conduct a second H1-B lottery to pick extra petitions to fulfill the annual quota. The submitting interval for registrations chosen in August ended on November 16, 2020.

How To Resubmit Your H1-B Petition If You Have been Rejected Final 12 months

All these petitions that had been rejected, could also be resubmitted by October 1, 2021.

Activate your USCIS on-line account.

Electronically register the main points of the beneficiary together with 

• Official identify of the sponsoring firm
• Tackle of the sponsoring firm
• Employer identification Quantity
• Official identify (because it seems on the passport) of the H1-B beneficiary
• Gender & date of delivery of the H1-B beneficiary
• Nation of delivery & citizenship
• Passport quantity (H1-Bbeneficiary has to have a legitimate passport previous to being sponsored)
• Eligibility for US Masters H1-B Quota

After registration, make the non-refundable $10 charges payable to USCIS

Because the earlier petition was rejected, all of the submitting charges would have been refunded again. On the time of resubmission, the employer must file with all relevant submitting charges.

If correctly resubmitted, USCIS will contemplate the petition to have been filed on the unique receipt date.

Associated Article: Full doc checklist for H1-B visa software