Annual Cap H-1Bs Submitted to the Wrong Service Center Will Not Be Rejected

Late last week, USCIS announced that it will not reject FY 2009 cap-subject H-1B petitions solely because they were received at the wrong service center. A petition sent by mistake to the California Service Center instead of the Vermont Service Center (or vice versa) will not, according to USCIS, be rejected solely on that error. However, this provision does not apply to petitions sent to either the Texas or Nebraska Service Centers.

USCIS has implemented this short-term measure solely for FY 2009 cap-subject H-1B petitions received at the wrong Service Center and only for those petitions received by USCIS prior to the close of business on the final receipt date. We’ll continue to update you on this season’s H-1B policies as they are published.

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