[SIZE=3][FONT=comic sans ms]Delivery Service Error Guidance for FY16 H-1B Cap Filings

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USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are [COLOR=#0000ff]mishandled by delivery services[/COLOR]. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests [COLOR=#0000ff]that there may be a delay or damage to the package, the petitioner may file a second H-1B petition with a new fee payment and the following:[/COLOR]

An explanation why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and A request to withdraw the first petition filed for the FY16 H-1B cap.

Petitioners who do not include these items will be considered to have submitted duplicate filings. USCIS reminds employers that [COLOR=#0000ff]it will deny or revoke multiple or duplicative petitions filed by an employer, in the same fiscal year, [/COLOR]for the same H-1B worker and will not refund the filing fees.

If the FY16 cap is met within the first five business days of April, USCIS will reject any petitions received [COLOR=#0000ff]after April 7, 2015, including second H-1B petitions filed because of a delivery service mishandling as described above. [/COLOR]

In addition, if the petitioner submits a second H-1B petition and withdraws the first, USCIS will not adjudicate the withdrawn petition and will return it to the petitioner regardless of whether the petition has already been receipted.

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