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H-1B

H-1B Cap Cases Rejected Last Year Due to Start Date Can Be Resubmitted

USCIS has announced that certain FY 2021 H-1B cap cases that were rejected or administratively closed because the requested start date was after October 1, 2020 can now be resubmitted and will be accepted by USCIS. Many registrations were selected in the second lottery in August 2020, and those selections could be filed with USCIS up until November 16, 2020. Some Petitioners indicated a start date after October 1, 2020, which USCIS subsequently rejected or administratively closed. According to USCIS, these petitions were rejected or administratively closed because they were based on registrations submitted during the initial registration period but indicated a start date after October 1, 2020. USCIS now states that upon reconsideration, they no longer believe the regulations required them to reject or close the petitions.

The notice from USCIS states:

If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees, at the address below. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, we will consider the petition to have been filed on the original receipt date.

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USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010

USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010

USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 907
Irving, TX 75038-002

When resubmitting the petition, you must include your FY 2021 H-1B cap registration selection notice. If you received a rejection or administrative closure notice for the original FY 2021 H-1B cap petition, you should include that as well. We also encourage the use of a brightly colored coversheet indicating that you are refiling an FY 2021 H-1B cap case that was originally rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020. This will help ensure that it is reviewed upon receipt.

By: Kristina M. Hernandez