The U.S. allows certain H-1B visa seekers to re-apply

 

Recently, in a News Release, U.S. Citizenship and Immigration Services [USCIS] announced that it will be allowing the resubmission of certain H-1B cap-subject petitions – for the Fiscal Year [FY] 2021 – that had been “rejected or administratively closed” only because the requested start date was after October 1, 2020.

The H-1B is the most sought-after non-immigration visa for the U.S., especially among the Indian IT professionals.

If the FY 2021 H-1B petition had been rejected or administratively closed – due to the petition being based on a registration submitted during the initial registration period, but a start date after October 1, 2020 requested – might re-submit their previously filed application.

Such petitions have to be re-submitted before October 1, 2021. If submitted properly, USCIS will be considering the petition “to have been filed on the original receipt date”.

The FY 2021 H-1B cap registration selection notice will also have to be included with the re-submitted application.

If received, a rejection or administrative closure notice for the original FY 2021 H-1B cap petition will also have to be included.

For ensuring review upon receipt, USCIS encourages the use of a “brightly colored coversheet” that clearly states the reason behind the re-filing of the application.

In 2020, USCIS had adopted an electronic registration process for the H-1B cap-subject applications.

A prospective petitioner, seeking to file a H-1B cap-subject Read More