USCIS provided guidance on the proper action to take if H-1B cap-subject filings for FY2016 are mishandled by delivery services. USCIS advised that it will reject any petitions received after the cap is met, including second H-1B petitions filed because of a delivery service mishandling. AILA reminds members who elect to file a second H-1B cap-subject petition in accordance with this guidance that the first petition will be withdrawn even if it is ultimately selected in the lottery. The second petition is completely separate and does not “replace” the first petition.

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USCIS Guidance on Delivery Service Errors for FY2016 H-1B Cap Filings