FY2009 H-1B Cap Update

According to the American Immigration Lawyers Association (AILA), the U.S. Citizenship & Immigrations Service (USCIS) has provided the following update regarding H-1B cap subject cases that were received for fiscal year 2009:

1. The Service Center Operations reports that as of May 24, 2008, all receipts have been issued for those cases selected in the random lottery. The only cases that have not been issued a receipt are cases that are being reviewed for duplicate filings.

2. The USCIS has received approximately 500 petitions that are believed to be duplicates. Each of these cases will be reviewed and determination of duplicate filing will be made on a case-by-case basis.

3. The USCIS received a sufficient number of petitions during the random selection process to meet the cap limit. Consequently, the USCIS will not have to utilize the cases that were saved on the reserve list. The USCIS begun to mail back rejected cases this week.

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