24 Jun USCIS Allows Late Filing of Improperly Rejected H-1B Cap Cases
Washington D.C., June 23, 2021: U.S. Citizenship and Immigration Services announced today it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.
If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees, at the address below. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, we will consider the petition to have been filed on the original receipt date.
When resubmitting the petition, you must include your FY 2021 H-1B cap registration selection notice. If you received a rejection or administrative closure notice for the original FY 2021 H-1B cap petition, you should include that as well. We also encourage the use of a brightly colored coversheet indicating that you are refiling an FY 2021 H-1B cap case that was originally rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020. This will help ensure that it is reviewed upon receipt.
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