Refiling Permitted for FY 2021 Rejected H1B Petitions Based on Start Date

U.S. Citizenship and Immigration Companies introduced on June 23, 2021 that they’d be permitting rejected H1B cap-subject petitions from fiscal yr 2021 to be resubmitted in the event that they have been rejected solely on the idea that the requested begin date was after October 1, 2020. If that is what occurred to you, you possibly can resubmit the beforehand filed petition (with relevant charges) to the handle listed under. It’s vital that these petitions are resubmitted previous to October 1, 2021.

Remember to embrace the registration choice discover you obtained for FY 2021 and in addition the rejection discover or administrative closure discover alongside along with your resubmission package deal.

We additionally encourage the usage of a brightly coloured coversheet indicating that you’re refiling an FY 2021 H-1B cap case that was initially rejected or administratively closed solely as a result of your petition was primarily based on a registration submitted through the preliminary registration interval, however you requested a begin date after Oct. 1, 2020. This can assist make sure that it’s reviewed upon receipt.

What Occurred?

With the pandemic that overshadowed most of 2020 and disturbances within the financial local weather, the quota for FY2021 H1B petitions was not reached within the preliminary submitting stage. For that purpose, USCIS needed to maintain one other H-1B lottery (August 2020) and chosen extra registrations from the pool. These registrations that have been chosen had till Nov. 16, 2020 to file their full petitions. On the USCIS directions despatched to those petitions, it mentioned that they have been required to mark the beginning date as October 1, 2020 however some petitioners assumed that they didn’t want to satisfy this requirement as a result of their petitions have been filed after October 1st in order that they listed the identical begin date because the one on their Labor Situation Utility (LCA). As a result of incorrect begin date, USCIS rejected them. Understanding the confusion that occurred, USCIS is permitting the people who obtained rejection notices solely for this begin date purpose to refile their cap-subject H1B petitions.

How We Can Assist

When you want help refiling your rejected H1B petition give our workplace a name for a free session. Now we have dealt with numerous advanced H-1B petition instances and have a wonderful observe report of securing approvals. When you select to resubmit it by yourself be sure to ship it to the suitable USCIS workplace listed above together with the mandatory submitting charges, the outdated rejection or administrative closure discover and a brightly coloured coversheet indicating that you’re refiling an FY 2021 H-1B cap case that was initially rejected or administratively closed solely as a result of your petition was primarily based on a registration submitted through the preliminary registration interval.