Still waiting for “Not Selected” H-1B FY18 cap petitions to be returned…

As of today, June 6th, 2017, we are still waiting for “Not Selected” H-1B FY18 cap cases to be returned to our office.

It should be noted that last year we did not receive our first “Not Selected” H-1B FY17 cap case until June 13th, 2016.

As in the past, USCIS will return the “rejected package” (complete petition package along with the uncashed checks and cover letter stating that the petition was not selected in the random lottery) to either the law firm or the employer.

While certainly disappointing after what seems like an excruciatingly long wait at least the return of the Not Selected H-1B FY18 petitions will bring closure and allow applicants to plan accordingly.

H-1B Cap Gap for Not Selected in H-1B FY18 Lottery:

If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.

Students in F-1 status:

Filing for a change of status or continuing F-1 student status must be received by USCIS on or before the expiration of the F-1 grace period.

STEM OPT Extensions:

Those who are eligible for STEM OPT extensions should prepare for and submit such filings in a timely fashion. STEM OPT filings must be received by the USCIS, with all proper supporting documentation, prior to the expiration of the twelve-month OPT duration. Students holding approved 17-month STEM OPT may be eligible to request an extension under the new 24-month STEM provisions.

Additional H-1B Visa Quota information can be found here.

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