The USCIS has begun processing the 124,000 timely-fieldH-1B cap-subject petitions. Because the H-1B category was oversubscribed,the USCIS will be returning approximately 15,000-20,000 H-1B petitions, after accountingfor improperly filed and/or denied H-1B petitions.
Between April 1-5 the USCIS registered each timely-fieldH-1B case into their system. Eachtimely-filed H-1B cap-subject petition was given a filing number. Once all 124,000 petitions were registeredinto the system, the USCIS randomly chose 85,000 winning petitions. This “H-1B lottery” was held about 10 daysago.
The USCIS now has started processing winning premium processingpetitions. Contrary to incorrectinternet rumors, this does not mean that premium processing petitionswere given any benefit in the lottery. TheUSCIS has confirmed on multiple occasions that non-premium petitions had theexact same chance of winning the H-1B lottery.
Processing of winning petitions consists of confirmingproper filing fee payment and data entry of H-1B petitions onto USCIS internalcomputer system. Once the H-1B petitionis processed, Premium Processing adjudicators begin to assess the approvabilityof the petition.
MU Law has had several H-1B premium processing petitionsalready approved. We have also receiveda few premium processing RFEs.
Data entry of non-premium processing petitions will not becomplete until at least May and perhaps June. Rejection notices for petitions not selected in the lottery will be sentout after the data entry for winning petitions has been completed. AILA points out that when the cap was reachedon the first day in 2008, USCISdid not complete data entry and issue receipt notices until late in May2008.