Philadelphia Immigration Lawyer Blog

The USCIS has posted three articles on its website that give some very practical advise about the procedures in filing H1-B I-129 petitions to help filers make sure their applications are filed correctly the first time. With the expected crunch of filings all on April 1, 2008, a single mistake in following the procedures could cause the petition to be rejected and sent back by the USCIS (days or weeks later) and by then the annual H1-B cap will have been reached. In fact, there is every indication that the cap will be reached, like last year, on the first day for filing—April 1st. No one is going to get a second chance to get it right.

The first posting is here and rather than restate it all, here are some highlights. 1) Clearly label the I-129 petition in red ink on the top margin as either a regular cap case or a C/S (Chile/Singapore) cap case or a U.S. Masters cap case or an exempt case. 2) Make sure you include the right fee and send in each appropriate filing fee with a separate check—that will minimize the possibility of a simple math error resulting in a single check having the wrong total. 3) Sign in blue ink—it makes it less likely a signature will look like a photocopy rather than the required original. 4) Send in only one petition per envelope, although the USCIS says you can send in multiple envelopes within the same mailing. Personally, I much prefer sending in one petition per Fed Ex envelope. In that way, I have proof of mailing and delivery for every single H1-B petition I file.

The second posting is found here. It covers what the USCIS says are most common mistakes people make when filing H1-B petitions. Incorrect fees, inconsistent and incorrect answers on the I-129 and the H supplements. Be careful, take the time to fill out the applications correctly and then check and check again.

The third posting is found here. It provides helpful ideas on organizing the H1-B applications. First, staple the appropriate check to the appropriate petition; for example the $320.00 check (and the other applicable fees) to the I-129 and the $1,000.00 check to the I-907 premium processing application. The USCIS preferred order is: I-907, then G-28, then I-129 with the H Supplements and then a table of contents with a copy of the applicant’s I-94, the SEVIS Form I-20 or the SEVIS Form 2019 (if applicable), the Certified Labor Condition Form ETA 9035, the employer’s letter of support and a copy of the applicant’s passport. If the applicant will be asking for visa issuance abroad, then the USCIS would like a second copy of everything.

All three postings are worth taking a look at.

Also, here are the links to my own three recent H1-B postings, one dealing with H1-B basics and the other discussing the upcoming H1-B season and the other discussing the new filing address for H1-B cap-exempt filings.