Haven't receive the receipt by USCIS for a month, need advises

Question

To whom it may concerned,

My attorney filed my H-1B petition on May 9, 2012 through regular processing. The package was received on May 11, 2012, and checks were cleared on May 14, 2012.

So far, I haven't got USCIS receipt regarding my case. My attorney told me that USCIS sent them a memo saying USCIS has received a great number of H-1B petitions and it may take a while to issue the receipt (I didn't personally see the memo, that is what my attorney told me).

Now, the fiscal 2013 H-1B cap is closed, so my questions are:

1. Am I safe at this moment

2. Does USCIS proceed H-1B petitions on first come first served, or randomly selected

3. What can I do at this moment?

Answer 1

Your attorney is right! 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=48c78976a0a77310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

 

1. You are safe (within cap)

2. USCIS processes on FCFS basis

3. Wait for your receipt and petition approval (or upgrade to premium processing to expedite the process)

Comments

Thank you Rahul.

My OPT and EAD card ended May 30, 2012. But my I-20 was extended to September 30, 2012 even though I didn't receive the receipt.

I assume I am able to work this time even though my EAD card expires, do I?

Fan

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Yes, you have cap-gap which allows you to stay and work till Sep 30 or H-1 denial date (whichever is earlier).

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Thank you very much Saurabh.